In a major ruling aimed at upholding human dignity and constitutional values, the Supreme Court bench of Chief Justice BR Gavai and Justices K Vinod Chandran and NV Anjaria strongly condemned the continued use of hand-pulled rickshaws, declaring the practice as "inhuman" and a violation of the right to dignity. The Court directed the State of Maharashtra to phase out the practice within six months in the eco-sensitive hill town of Matheran.

The Court expressed deep dismay that 78 years after India’s independence and 75 years since the Constitution came into effect, the practice of a human pulling another human still continues.

“Permitting such a practice, which is against the basic concept of human dignity in a developing country like India, belittles the constitutional promises of social and economic justice,” the bench observed.

The bench was hearing a matter linked to the ongoing TN Godavarman Thirumulpad case, a long-standing environmental litigation. The matter involved the pilot project of introducing eco-friendly e-rickshaws in Matheran as a humane and sustainable alternative to hand-pulled rickshaws, which are still used in the vehicle-free town.

Relying on past precedents, the Court referred to Azad Rickshaw Pullers Union vs State of Punjab, where it was held that cycle rickshaws were inconsistent with the goal of social justice. It also cited People’s Union for Democratic Rights vs Union of India, where the Court had expanded the scope of Article 23, ruling that non-payment of minimum wages amounted to forced labour.

The Court reiterated that people turn to such degrading work out of compulsion and poverty, not choice, and it is the State’s responsibility to ensure alternate livelihoods.

Recognizing e-rickshaws as a humane alternative, the Court instructed the Maharashtra government to evolve a scheme similar to one implemented in Kevadia, Gujarat. Under this scheme, the State will purchase e-rickshaws and distribute them on a hire basis to genuine rickshaw pullers.

A monitoring committee, headed by the Matheran Collector, has been tasked with identifying the rightful beneficiaries and determining the number of e-rickshaws needed based on local requirements. Any remaining e-rickshaws may be allotted to tribal women and other locals to support livelihood generation.

Additional Directions Issued by the Court:

(1) The State Govt permitted to lay down paver blocks from Dasturi Naka (bus station) up to the Shivaji Statue in Matheran;

(2) No paver blocks are to be laid on the internal road and the trading routes;

(3) We direct the state to stop the practice of hand-pulled rickshaws in a phased manner within a period of 6 months from today;

(4) State of Maharashtra shall evolve a scheme on the lines of the scheme in Kevadia, Gujarat, where it would purchase the e-rickshaws and give them to the genuine rickshaw pullers on a hire basis;

(5) The Matheran monitoring committee, under the chairmanship of the Matheran Collector, which is constituted under the Eco-Sensitive Zone, to identify the genuine rickshaw pullers. The number of e-rickshaws required will also be decided by the committee after considering the ground realities;

(6) The remainder of the e-rickshaws can be allotted to tribal women and other persons in Matheran to ensure a steady livelihood;

(7) Any concrete blocks laid will be replaced by paver blocks

Automobiles are banned in Matheran due to its designation as an eco-sensitive zone. Only emergency vehicles are allowed in the town. In 2022, the Supreme Court had permitted the introduction of a limited number of e-rickshaws on a trial basis to replace manual carts.

However, the move faced resistance from local horsemen associations, raising concerns about ecological impacts and livelihood disruption. These concerns prompted ongoing litigation and oversight by the Eco-Sensitive Zone Monitoring Committee.

In previous orders, the Court clarified that e-rickshaw licenses would be granted only to former handcart pullers to ensure their rehabilitation. As of April 2024, the number of e-rickshaws in Matheran was capped at 20 under the pilot project.

Case Title: In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors., Writ Petition (Civil) No. 202 of 1995