Manushi Sangathan vs. Government of Delhi-Its Implications

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Manushi Sangathan v Government of Delhi-Its Implications

INTRODUCTION:
The following project aims to discuss the highlights of the judgement of Manushi Sangathan v Government of Delhi, and the various legal provisions it attracts. The case involves an expansion of the rights of the poor, overturning a number of previous decisions.

In the case, Manushi Sangathan (an organization that represents the causes of the poorer sections of the society) challenged the implementation of some aspects of Delhi’s transport policy, which were approved by the Municipal Corporation of Delhi. The policy fixed the total number of cycle rickshaws that could ply on the streets of Delhi at 99,000, required that the plier of the rickshaw be its owner, and certain other provisions. The High Court ruled in favour Manushi Sangathan, holding most of the provisions of the transport policy to be arbitrary and unconstitutional. The Supreme Court upheld the same.

JUDGEMENT:
The judgement in the case is a rare one, where the Court has expanded the rights and freedoms of the poor. It was inconsistent with the precedents, i.e. Hemraj and Ors v C.P. Delhi (2006) and All Delhi Cycle Rickshaw Operators Union v MCD. While the latter emphasized on the ‘owner-plier’ policy, in the former, the representatives were not heard on the premise that pulling rickshaws was degrading labour.

The following issues were examined by the court-

Fixing of total number of rickshaws at 99,000:
This was held to be

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