SUPREME COURT BANS HAND-PULLED RICKSHAWS IN MATHERAN, CALLS PRACTICE 'INHUMAN':

In a landmark decision, the Supreme Court of India has declared the continued use of hand-pulled carts and rickshaws in Matheran, Maharashtra, as inhuman and violative of fundamental rights. Condemning the practice, the bench comprising Chief Justice BR Gavai and Justices K Vinod Chandran and NV Anjaria stressed that even after 78 years of Independence and 75 years of the Constitution, the persistence of such practices was a betrayal of the constitutional promise of social and economic justice.

The Court emphasized that manual rickshaw pulling violates the right to dignity and is fundamentally incompatible with the principles of equality and justice enshrined in the Constitution. It noted that people are often compelled to engage in such degrading labour due to lack of livelihood options. The bench pointed out that continuing this practice demeans the promise of social and economic justice made by the people of India to themselves. It held that such a practice is contrary to the concept of human dignity and belittles the ideals of a modern, developing nation.

Drawing upon the precedent set in *Azad Rickshaw Pullers Union (Regd.) vs. State of Punjab*, the Court reiterated that allowing humans to pull other humans is inconsistent with the preambular promise of social justice. It expressed regret that, despite this observation being made over 45 years ago, the practice was still prevalent in Matheran. The Court also referred to People of India for Democratic Rights v. Union of India, where it had interpreted Article 23 to include non-payment of minimum wages as a form of forced labour, further reinforcing the constitutional commitment to protecting labour rights.

As an alternative livelihood, the Court endorsed the introduction of e-rickshaws. It directed the State of Maharashtra to implement an e-rickshaw scheme similar to the one in Kevadia, Gujarat, whereby the government would purchase e-rickshaws and provide them to genuine rickshaw pullers on a hire basis. The state was further ordered to rehabilitate current rickshaw pullers and ensure a smooth transition to eco-friendly transport options.

In terms of implementation, the Court laid down several directives. It allowed the laying of paver blocks only from Dasturi Naka to Shivaji Statue, while restricting such development on internal roads and trade routes. It mandated that the practice of hand-pulled rickshaws be phased out within six months. Additionally, the Matheran Monitoring Committee, under the chairmanship of the Matheran Collector, was tasked with identifying genuine rickshaw pullers and assessing the number of e-rickshaws required. The Court also directed that any concrete blocks already laid should be replaced by paver blocks. Furthermore, it proposed that the remaining e-rickshaws could be allotted to tribal women and other local residents to promote inclusive livelihood opportunities.

Notably, the Court made it clear that lack of funds could not be cited as an excuse for delaying the implementation of the scheme, expressing hope that the state would extend all necessary support to eliminate this degrading practice.

This judgment came in the context of the long-standing TN Godavarman Thirumulpad case related to forest protection, in which the introduction of e-rickshaws in Matheran had been initially approved on a pilot basis in 2022. Over time, the Court had clarified that these vehicles would be restricted to original handcart pullers to mitigate loss of livelihood. The number of e-rickshaws was capped at 20 for transporting tourists and locals, signaling a shift toward more humane and sustainable transportation solutions in the ecologically sensitive hill town.