Abolition of Manual Rickshaw Pulling

Source: Supreme Court 

Why in News? 

The bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria in the case of In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. (2025) condemned the continuation of manual rickshaw pulling even after 78 years of Independence, declaring it inhuman and ordering its immediate abolition while hearing issues about a pilot e-rickshaw project in Matheran, Maharashtra. 

What was the Background of In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. (2025) Case? 

• The case arose as an interlocutory application in the TN Godavarman Thirumulpad case, an omnibus forest protection matter representing the longest-standing continuing mandamus in environmental litigation. 
• In May 2022, the Court permitted Maharashtra to implement eco-friendly e-rickshaws in Matheran Eco-sensitive Zone on an experimental basis to replace hand-pulled rickshaws. 
• Applications were subsequently filed by horsemen associations (ghodawala sangathans) seeking modification of e-rickshaw permissions, raising two main issues: permitting e-rickshaws in Matheran and laying paver blocks on roads. 
• In February 2023, the Court stayed concrete paver block laying until the Monitoring Committee submitted a report, while permitting continuation of the e-rickshaw pilot project. 
• By January 2024, the Court clarified that e-rickshaws would be exclusively for present handcart pullers to compensate for employment loss, later restricting the number to 20 in April. 
• Automobiles are banned in Matheran due to ecological concerns, with only fire trucks and ambulances permitted during emergencies. 

What were the Court's Observations? 

• The bench took a serious view of manual rickshaw pulling continuing after 78 years of Independence, noting it violates individuals' right to dignity and forces people into inhuman methods due to livelihood compulsions. 
• The Court referenced the Azad Rickhaw Pullers Union Case (1980), expressing disappointment that 45 years after that judgment, the practice of humans pulling other humans persists in Matheran. 
• The bench questioned whether this practice aligns with constitutional promises of social and economic equality and justice, concluding unfortunately in the negative. 
• The Court relied on People of India for Democratic Rights v. Union of India (1982), where non-payment of minimum wages was held to constitute forced labour under Article 23 of the Constitution of India, 1950 (COI).  
• The Court emphasized that continuing such practices after 75 years of the Constitution would betray the promise of social and economic justice that Indians made to themselves. 
• The bench directed Maharashtra to rehabilitate hand-rickshaw pullers and adopt the e-rickshaw policy from Kevadia, Gujarat, clarifying that non-availability of funds cannot excuse non-implementation. 
• The Court issued comprehensive directions including phased elimination within 6 months, establishment of a hire-based e-rickshaw scheme, identification of genuine pullers through a monitoring committee, and allocation of remaining e-rickshaws to tribal women and others for livelihood support. 

What is Manual Rickshaw Pulling? 

About: 

• Manual rickshaw pulling involves human beings physically pulling carts or carriages containing passengers or goods, representing one of the most physically demanding forms of transport labor. 
• This practice has historical roots in colonial India and continued post-Independence despite technological alternatives becoming available. 
• The work involves significant physical strain, often performed by economically disadvantaged individuals with limited alternative livelihood options. 
• Manual rickshaw pulling is particularly prevalent in hill stations and areas where motorized vehicles are restricted due to environmental concerns. 

Constitutional Framework: 

• Article 23 of the Indian Constitution prohibits traffic in human beings, forced labour, and other similar forms of exploitation, making such practices punishable by law. 
• The right to dignity forms part of Article 21 (Right to Life and Personal Liberty), encompassing protection from inhuman and degrading treatment. 
• The constitutional promise of social and economic justice under the Preamble requires elimination of exploitative labor practices. 

Transition to E-Rickshaws: 

• E-rickshaws represent an eco-friendly, dignified alternative that preserves employment while eliminating physical exploitation. 
• Technology provides sustainable livelihood options without compromising human dignity or causing environmental harm. 
• Implementation requires government support through purchase and hires schemes, ensuring affordable access for traditional rickshaw pullers. 
• The transition addresses both human rights concerns and environmental sustainability in ecologically sensitive areas like hill stations. 

What is Article 23 of the COI? 

This Article deals with the prohibition of traffic in human beings and forced labour. It states that- 

(1) Traffic in human beings and beggars and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. 

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. 

• The right is available to citizens of India as well as to non-citizens. 
• It protects individuals against the State as well as private citizens. 
• This article imposes a positive obligation on the State to abolish immoral practices of exploitation like human trafficking and other forms of forced labour. 
• This article expressly prohibits the following practices: 
  • Beggar 
  • Traffic in Human Beings 
  • Forced Labour