Plea In SC Seeks Direction To Allow Plying of Battery-Operated E-Friendly E-Rickshaws

The Supreme Court has been moved in a plea seeking a direction to the Union Ministry of Road Transport and Highways and the state of West Bengal to consider allowing the plying of battery operated e-friendly e-rickshaws in accordance with law within a stipulated period of time.

The petitioner Kanishk Sinha, a Kolkata-based entrepreneur and scientist, has contended that the impugned inaction on the part of respondent authorities is wholly illegal, arbitrary, malafide and against the principles of Natural Justice.

On April 15, the petitioner-in-person had made a representation before the respondents via email that, "the poor e-rickshaw drivers are approaching us for help with their hurdles of daily life, having no means of earning for so long". The links to YouTube video of these statements were also attached.

"As the lockdown has been increased for some more days it will be a matter of life and death for them and their family. So we have chalked out a novel way to utilise them in emergency services throughout India by abiding social distancing norms and with full safety measures. In this way the difference in the market where the shopkeepers are not able to get the supplies as the companies are not able to send them and the farmers who are not able to send the products to the wholesale markets and lastly the sellers are not able to get them, this problem will be solved. We will also send the products to the needy people according to their needs through online orders. In the pharmaceutical field also we will be able to send the medicines to the shops and to the needy people also.. In this way the main motive of social distancing will be maintained and maximum people will not need to come out of their houses for anything as they will get everything at their doorsteps", read the e-mail.

"It is pertinent to mention herein that, the decision to this effect maybe taken as early as possible but in any case within 24 hours in view of urgency involved or otherwise we shall have no alternative but to approach the Hon'ble Court for appropriate redressal", the petitioner had written to the Central government and the West Bengal Department of Transport. The representation not having been considered, the plea before the Apex Court came to be filed.

"The only source of livelihood the owners of battery operated eco - friendly e-rickshaws have is the plying of the e-rickshaw. But the continuous lockdown and non consideration of their livelihood shows the highhandedness of the respondent authority. The said owners of the e-rickshaws have no other source of income. And they are going through huge financial distress and incurring huge loss due to the ongoing lockdown. The delay of each day is actually increasing the loss by leaps and bounds. The situation is still continuing for more than 40 days Therefore, delay in considering this prayer can create havoc for the rickshaw drivers as well as their family", it has been urged.

"Not taking any action despite getting specific representations, on the part of the respondent authorities, is tantamount to curtailing fundamental rights enshrined under Article 14 and 21 of the Constitution of India. The respondent authorities are purportedly sitting tight over the matter and acting in an arbitrary manner by not rendering any help to the poor owners of e - rickshaws. The respondent authorities are simply avoiding the prayers of the petitioner without any rhyme and reason...The respondent authorities, being a public office, cannot sit tight over the matter", the petition argues.