Cab Drivers Challenge Maharashtra's Marathi Mandate in Bombay High Court

Four app-based cab drivers have approached the Bombay High Court against the Maharashtra government’s decision to make working knowledge of Marathi mandatory for auto-rickshaw, taxi and app-based cab drivers. The petitioners have challenged the August 12 notification and sought an immediate stay on its implementation. They have argued that imposing a language requirement for obtaining or retaining a driving licence, badge or permit exceeds the state government’s powers under the Motor Vehicles Act, 1988.

The petitioners have also claimed that the requirement violates their fundamental rights under Articles 14, 19 and 21 of the Constitution. The amended provisions allow authorities to suspend a driver’s badge and eventually cancel it if the driver fails to demonstrate practical knowledge of Marathi. The drivers have argued that the rule could have a significant impact on the livelihoods of a large number of commercial vehicle operators, particularly those who have moved to Maharashtra from other parts of the country.

The Maharashtra government amended the Maharashtra Motor Vehicles Rules on August 12 to introduce the requirement for auto-rickshaw, taxi and app-based motor cab drivers operating vehicles with electronic meters. The rules also provide for suspension of licence-related permissions in cases of non-compliance, with cancellation possible if violations continue. The legal challenge will now examine whether the state has the authority to impose the language condition through the amended rules.

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Maharashtra Transport Minister Pratap Sarnaik has maintained that practical Marathi knowledge for operating taxis and auto-rickshaws has been a requirement in the State since 1989, although it was not strictly enforced earlier. He subsequently clarified that drivers who do not have working knowledge of Marathi would receive a month's notice from Regional Transport Office officials to learn the language. The government has therefore presented the measure as an enforcement of an existing provision rather than an entirely new requirement.

The Transport Department launched a statewide drive on August 20 to assess the working knowledge of Marathi among non-Marathi-speaking taxi and auto-rickshaw drivers. Authorities have also promoted a 105-day Hinduhriday Samrat Balasaheb Thackeray Marathi Language Campaign, under which they said 1,65,601 non-Marathi-speaking auto-rickshaw and taxi drivers came forward to learn functional Marathi. The campaign is intended to help drivers meet the language requirement while continuing to work in the transport sector.

The petition before the Bombay High Court puts the government's language policy under judicial scrutiny, with the drivers seeking protection from penalties while their challenge is considered. The case is also likely to bring attention to the balance between state-level language requirements and the rights of workers operating in Maharashtra's commercial transport sector. The court's consideration of the petition will determine whether implementation of the amended rules can continue while the legal challenge remains pending.

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