Shivangi Prakash-
The Delhi High Court has asked the Central and Delhi Governments to respond to a petition brought by Chaalak Shakti, an auto drivers’ union, challenging the need that auto-rickshaws and taxi drivers wear uniforms.
The Delhi Government, Delhi Police, and the Union Ministry of Road Transport and Highways have all been served with a notice by a Division Bench led by Chief Justice DN Patel and Justice Jyoti Singh.
The case filed by Chaalak Shakti also challenged the imposition of a Rs. 20,000 penalty on drivers who failed to wear mandated uniforms.
According to the plea, the rules governing the field are imprecise, and there is no clarity on the colour of the uniform or what constitutes uniform, providing law enforcement agencies broad latitude in prosecuting drivers.
It further argued that the requirement for ‘uniforms’ in the Permit Conditions of Vehicles Granted Permits under Sections 74 and 88 of the Motor Vehicles Act, 1988 was “vague” and in violation of the Rules.
Advocate Paras Jain, appearing on behalf of the petitioner, informed the Court that labeling drivers based on their uniform are a clear violation of their fundamental rights under Articles 14, 19, (1)(g), and 21 of the Constitution.
The drivers’ union further claimed that Rule 7 of the Delhi Motor Vehicles Rules contradicts itself by requiring khaki uniforms but allowing grey uniforms to be worn. The current petition, on the other hand, sought to eliminate all uniform requirements.
The petition stated, “The drivers of transport vehicles such as auto-rickshaws and taxis are being prosecuted and heavily challaned to the extent of ₹20,000 for not wearing uniform, though there is no clarity on the colour(s) and specifications, and there is stark contradiction in and ambiguity between the rules and permit conditions.”
It was further argued that, despite the fact that there are dozens of significant hues of both khaki and grey, no shade has been specified and no definition of ‘uniform’ has been provided, giving enforcement authorities broad discretion in deciding whom to pursue.
Auto and taxi drivers are ruthlessly harassed by the Government as a result of all these flaws in the Rules, according to Jain.The Court issued notice and posted the matter for August 20.
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