1 Nat'l L.U. Delhi Stud. L.J. 136 (2012)
Time for Manushi-II

handle is hein.journals/nludslj1 and id is 154 raw text is: 







                              TIME   FOR   MANUSHI-H
                                                                    - Prashant Narang*


1.   INTRODUCTION
         Frequent  strikes, trade unions, meter tampering and poor  service are some  of
the prominent  features of auto rickshaw  service in Delhi.' On  the other hand, drivers
usually complain  that fare rate is not sufficient2 and Government and  bureaucracy  are
                                                                                     .3
always  eager to 'discipline' the errant rickshaws by providing SMS  complaint service
                                                                                      4
imposing   very  expensive   Global  Positioning  System   device  (GPS)   on  drivers
introducing  smart  card  identification scheme5,  heavy  penaltieS6 and  many   others.
Nothing  has worked   so far. What seems  like a cultural problem or a jinx is not really
difficult to understand, rather an obvious legal cum socio-economic   problem.  But this
paper does  not claim the obvious facts that all these problems are directly or indirectly
the outcome  of cap on the number  of auto-rickshaws  in the city.7 This has already been
reiterated in number  of media reports and  reports of Government   Committees.   Using
these facts and a comparative approach,  this paper argues that Auto-rickshaw sector too
deserves  economic   liberalization like cycle-rickshaw   sector. The   only  difference
between   the auto-rickshaw  sector  and cycle  rickshaw  sector  is that while judicial
activism led to liberalization of cycle-rickshaw  sector, it led to permit system in the
case of the latter.
         The  paper compares  Manushi9  judgment   with corresponding  realities in Auto-
rickshaw  sector and  argues that a fit case for review of cap  on the number   of auto-
rickshaws  in the city exists. The paper refrains from delving  deeper into other issues




*  Student, LL.M. (2010-12), Jindal Global Law School, Sonepat, NCR of Delhi, Haryana. I would like to
   thank Prof. Sandeep Kindo for his guidance.
   Prabodh, THIRD WHEEL,   2009, available at http://www.youtube.com/watch?v=TVWjuH8plQ (last
   visited on May 24, 2011).
2  IANS,   Delhi auto  drivers on  strike for fare hike, INDIA   NEWS,   April  1, 2010,
   http://indianewsl23.com/index.php/new-delhi/728-delhi-auto-drivers-on-strike-for-fare-hike- (last visited
   on May 24, 2011).
3  Launching of SMS based complaint system against auto rickshaws, Delhi Police Website, 2005, available
   at http://www.delhitrafficpolice.nic.in/press-releases/sms-based-complaint-system.htm (last visited on
   May  24, 2011).
4  Indefinite auto strike in Delhi from Wednesday over GPS, MSN   NEWS,   May  17, 2011,
   http://news.in.msn.com/national/article.aspx?cp-documentid=5164822 (last visited on May 24, 2011).
   PTI, Over  10,000 auto-rickshaws to go off Delhi roads from tomorrow, ET, Nov 14, 2010,
   http://articles.economictimes.indiatimes.com/2010-11-14/news/28448908-1-autorickshaw-owners-
   smart-card-based-auto-unions, (last visited on May 24, 2011).
   Krishna Pokharel, Auto-rickshaws off Delhi roads, WSJ INDIA, Aug 17, 2009, available at
   http://online.wsj.com/article/SB125050552728436503.html, (last visited on May 24, 2011).
   Simon  Harding, On  the road to nowhere, World Entrepreneur Society website, available at
   http://www.wessociety.com/News/WES%20News/Simon%20Harding/Auto%20Rickshaws.aspx  (last
   visited on May 24, 2011).
   Khullar Committee report, 2002, available at http://www.delhi.gov.in/DoIT/DoITTransport/trrsl2.pdf,
   (last visited on May 24, 2011).
   Manushi Sangthan and Anr v. State of Delhi and NCT, WP(C) No.4572/2007.

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