HC strikes down govt order on Marathi for autos

In a major embarrassment for the government, the Bombay High Court on Wednesday set aside the Fadnavis regime’s order making knowledge of Marathi language mandatory for drivers applying for new licences and permits.

The court termed the government order “illegal”. Instead, the HC asked the government to concentrate on taking stringent action against drivers who behave in an “unruly” manner with passengers.

The court’s observation will undoubtedly come as a major set-back to the BJP-led state government as it has already directed all Regional Transport Offices (RTOs) to give auto permits only to those drivers who can converse in Marathi.

Wednesday’s ruling came from a division bench of Justice Abhay Oka and Justice Anuja Prabhudesai. The judges were hearing a clutch of petitions filed by auto-rickshaw unions from Mira Road and Bhiwandi.

While setting aside the government circular, Justice Oka said, “The government has no powers to impose such a condition. We hold that the government’s condition of making Marathi language compulsory is completely illegal.”

The bench also noted that there have been many instances where passengers were harassed by auto drivers but complaints were not acted upon by the police and RTOs. “There is no mechanism in place to look into the grievances of passengers. Only a 24X7 call centre will not suffice,” the bench observed.

“We direct the government to set up a redressal forum that can enable passengers to lodge a complaint against a driver even while he/she is travelling by the same vehicle. Also, there must be a mechanism wherein the complaint of a passenger can be forwarded to the nearest police for further action,” Justice Oka said.

The bench also pulled up the government for its failure to implement rules of conduct for auto-rickshaw drivers. The bench said, “We direct the government to take stringent action against drivers who breach the rules. If there is a breach, the permits of permit-holders and the ID cards of the drivers must be forthwith cancelled.”

While disposing of the petitions, the bench clarified that applicants that were rejected due to the Marathi language clause would be considered again. The case will be next heard on May 4, when the government will have to file a compliance affidavit.