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20 MANUSHI

Cycle Rickshaw: A Post Modern VehicleChallanging Government’s Warfare against Citizen Friendly,

Eco-Friendly RickshawsMadhu Purnima Kishwar

Cycle rickshaw originated in Japan where this man powered vehicle was called ‘ jinrikisha ’ It is used Thisvehicle is widely used in Asian countries in varying styles and called various names such as trishaw, pedicab, cycloand becaks . It has been refered to as “developing world’s taxicab.” However, today even developed countries havebegun discovering its value.

Manushi has been working in diverse ways to get the Government of Delhi to reform the policies with regard tocycle rickshaws and street vendors since the existing regime has bred endless crime and corruption due to theabsurd restrictions imposed on these trades. We have documented the plight of cycle rickshaw pullers and ownerson film, organized Public Hearing for them, lobbied with city authorities to pay attention to their exploitation bygovernment functionaries, sought the intervention of the Central Vigilance Commissioner and taken up the matter through the Courts.

In August 2001, the then Prime Minister responded to our campaign and announced a liberalized policy regime for street vendors and the cycle rickshaw trade. There has been some progress with regard to street vendors at least in terms of recognition of their right to exist after the Cabinet approved a New Policy for Street Vendors in 2004.This Policy may soon be translated into law.

However, the cycle rickshaw trade has witnessed greater assaults and a more determined resistance to reformafter the announcement of the liberalized policy by the PMO in 2001. In recent years, more and more areas of Delhihave been declared out of bounds for cycle rickshaws while the licensing regime remains totally out of tune with therequirements of the City. (For earlier reports on this issue, see Manushi issues 92-93,125, 126, 134 and 137 on ourwebsite www.manushi-india.org)

At the behest of cycle rickshaw owners and pullers, Manushi will be soon filing a petition in the Supreme Court challenging the assaults on the Right to Livelihood and other Fundamental Rights of the cycle rickshaw operators.

We provide Manushi readers and friends a comprehensive summary of the existing status of this trade and whythe cycle rickshaw policy needs to become more rational. Though this account is based on the happenings in

Delhi, it has implications for this trade in other towns and cities of India as well. We count on your support in the Rickshaw Bachao, Pollution Ghatao Campaign (‘Save Rickshaws to Reduce Pollution Campaign’).



No.157 (November-December 2006) 21

The hands that convert a humble vehicle into an objectof art.

A typical trolley rickshaw for school children used inBangladesh

Rickshaw art in AllahabadDecoration on the rickshaw puller’s seat

The seats for passengers and the space they use forresting their feet are lovingly decorated.

Richshaw as Living Art Security of Livelihood In cities and town where municipalities do not routinely confiscate and destroy cycle rickshaws, owners decorate every part of the vehicle with

love and artistic flair



22 MANUSHI

Inexpensive and convenient for daily shopping in localmarkets.

Safe, personalized doorstep transport service for schoolchildren

Inexpensive and convenient mode of carrying goods overshort distances

Feeder service for the Metro and bus stations: Rickshawsqueued outside Metro station in DelhiLow cost mode of garbage collection.

A Multi-Purpose Vehicle :




Inexpensine mode of travel for low income families

A resting place during the day and for manyshelterless pullers the rickshaw becomes a bed at

night.

Instant source of livelihood for seasonal migrantsfrom impoverished villages .

rvival against Heavy Odds

Generates employment in small-scale industry thatproduces rickshaw parts as well as a source of

livelihood for lakhs of mechanics all over India whoassemble and repair this vehicle.



24 MANUSHI

Singapore’s cycle rickshaws areenjoying a new lease of life as a

tourist attraction. Here the yellowshirt convoy of trishaws takesvisitors through the aromatic

streets of Singapore’s Little India.

Malaysian Trishaw

Rickshaws in Other Countries

Trishaw in GeorgetownThe puller pedals from behind in Hanoi’s rickshaw

In Oxford Indonesian becak




quotas for issuing licenses anddeveloped bizarre types of restrictions on owning and plyingcycle rickshaws. It is noteworthy thatthere are no quotas on the number of cars, trucks and other motorizedvehicles plying in urban centres eventhough they cause deadly pollution.But the cycle rickshaw ownership issubject to draconian controls andpitiful quotas. And yet, the number of

cycle rickshaws has kept increasingdespite draconian laws andregulations aiming at limiting its rolein the city and erasing its existencefrom the supposedly modern and eliteareas of Delhi.

Unconstitutional QuotasThe quota was fixed at 600 during

the 1960s; it was raised to 20,000 in1976; and 50,000 in 1993, when theactual number plying was reported to

be 4,50,000. In 1997, it was raised to99,000 and remains the same at a timewhen according to MCD’s ownadmission in the Supreme Court morethan 6,00,000 rickshaws are reportedlyplying in the City, including trolleyrickshaws for carrying goods andgarbage. The actual number of licenses issued to rickshaws in Delhiis 89,429.

As I will explain later, almost all of these licensed rickshaws also carrythe stigma of “illegality.”

The slow and measly increase inthe quota did not happenautomatically. It was grudginglysanctioned after rickshaw operators

fought long drawn out battles in theHigh Court of Delhi and the SupremeCourt of India The ceiling has alwaysbeen adjusted in an ad hoc and post

facto manner, but it has never beenanywhere near the actual numbers of rickshaws that reflects the growingdemand for their services.

In fact, the MCD does not evenhave an accurate count of rickshawsplying the streets of Delhi, since mostof the rickshaws operate illegally andtherefore do not show up in the recordbooks. Many rickshaw owners allegethat MCD officials deliberatelyexaggerate the number of rickshawsin order to frighten judges and elitesections of society into believing that,if restrictions are removed, the Citywould be completely swamped byrickshaws, making it impossible formotorized vehicles to travel on theroads. MCD officials respond to this

charge by alleging that the rickshawowners under-report their numbers soas to cover up their own illegalpossession of huge fleets of rickshaws. In the absence of anaccurate count, it becomes virtuallyimpossible to assess the actualnumbers and the holding capacity of the city for this vehicle.

The arbitrary setting of ceilingsviolates Article 14 of the Constitutionof India. It also goes against, and is incontempt of, earlier Supreme CourtOrders both in letter and spirit asgiven, for example, in All DelhiCycle.Rickshaw. Operators. Union v.

Delhi Municipal Corpn. AIR 1987 SC 648 (Para 4) and Nanhu & Ors. Vs

Delhi Administration & Ors. 1981(1) SCR 373) which give aggrievedparties the right to challenge arbitraryceilings and quotas, and directs theDelhi Administration to adoptreasonable and relevant criteria insetting ceilings on the number of licenses to be issued for Delhi. Also,it goes against the spirit of theSupreme Court Order which directsthat there is need for positive

Till about three decadesago rickshaws were found

plying mainly in thewalled city area, lower

middle classneighbourhoods and

outlying colonies of DelhiToday, one sees themplying in most elite

colonies

Cycle rickshaws havekept increasing despite

draconian laws andregulations aimed at

limiting their role in thecity and erasing their

existence from thesupposedly modern and

elite areas of Delhi.

There are no quotas onthe number of motorizedvehicles plying in urban

centres even though theycause deadly pollution.But the cycle rickshawownership is subject todraconian controls and

pitiful quotas.

The humble cycle rickshaw hascarved out a unique space for itself inmost towns and cities of India,including the capital city of Delhi,despite the rapid proliferation of fancycars and other modern means of transport, including the Metro. Thishas happened in spite of daily assaultson rickshaw pullers and those whoown these vehicles.

While rickshaw plying isaltogether banned in the areasgoverned by the New Delhi MunicipalCouncil, in the areas under the chargeof the Municipal Corporation of Delhi(MCD), the Cycle Rickshaw Bye Lawspassed in 1960 have fixed unrealistic

measures to protect the rights of rickshaw pullers rather than anegative ban on licensing.

Vital Role of RickshawsLess than 15 percent of the

citizens in Delhi own private motorizedvehicles while 85 percent have to relyon public transport, of which cyclerickshaws are a very crucial part,



26 MANUSHI

The Story Behind Technological and Aesthetic Deterioration

Among traditional communities in India, art has been an integral part of daily life rather than treated as a leisureactivity involving visits to museums, art galleries or buying beautiful objects as decoration pieces to be displayed inone’s drawing room. India is one of the few places in the world where humble objects of daily use, including kitchenutensils, doors, window, jharokhas , household furniture, trunks, closets of even ordinary villagers were crafted asaesthetic objects. Many of these today command high prices in the international antique market.

This creative urge finds expression even in crafting of implements and traditional transport vehicles—bullock andcamel carts, tongas, and even in the making of elaborate gear used for decorating farm and other domesticated animals

— cows, bullocks, camels and elephants.This innate desire to create beauty has not died

despite the marginalisation and pauperization of traditional communities who are perforce migratingto urban centres in search of livelihoods. Forexample on sees the most innovative shayari anddecorations behind trucks and lorries – aphenomenon observed only in the Indian sub-continent. Similarly, there is a long tradition of

decorating and beautifying cycle rickshaws withas much love and affection as is displayed whiledecorating a new bride. (see page 21)

However, in many urban centres of India onewitnesses a steady deterioration in the technologyand aesthetic appeal of cycle rickshaws during thelast few decades. This is due to the fact that inthese cities and especiallty in the capital city of Delhi, which has the most pompous pretension of wanting to develop into a “world class city” byemulating the alien and inappropriate models of development of First World cities, the existing

Government policy amounts to waging a daily war against the owners of this vehicle. The elite sections of society and influential policy makersconsider this vehicle as an unfortunate reminder of India’s pre-modernpast which ought to be put behind as swiftly as possible. Therefore,cycle rickshaws are officially banned from plying in all the posh and eliteareas of Delhi.

It is ironical that in this day and age of liberalization, it is far easier toset up a new airline or own a mammoth fleet of trucks and buses-, if onehas the money for it— than to legally own two or twenty cycle rickshaws.The licensing procedures and ownership regulations are so bizarre thatthey have trapped the entire trade into a web of illegality with very

pathetic consequences for those are engaged in this occupation.In Delhi alone, lakhs of cycle rickshaws are confiscated every year

under the guise of decongesting roads and checking unlicensedrickshaws. Nearly 60,000 rickshaws are junked and destroyed every yearafter confiscation on one flimsy pretext or another. Thus operating acycle rickshaw has become a high-risk venture. With the threat of confiscation and destruction of the vehicle looming large, the operatorshave little incentive to invest money on its maintenance or introducetechnological improvements. Under such circumstances, the creativeurge to transform a humble vehicle into an object of art is effectivelythwarted and even crushed.

A typical dilapidated cycle rickshaw of Delhi today

Thousands of confiscated rickshaws are junked as shownabove in municipal yards in Delhi every year




because they are truly multi purpose.Till about three decades ago rickshawswere found plying mainly in the walledcity area, lower middle classneighbourhoods and outlyingcolonies of Delhi, Today, one seesthem plying in virtually all elite colonies,including in the fancy suburbs of Gurgaon, as well as in elite housingcolonies in the heart of New Delhi suchas Maharani Bagh, Friends Colony,Defence Colony, Greater Kailash andthe Civil Lines area. The coming of theMetro has in fact increased itsrelevance because cycle rickshawshave become the most widely usedfeeder service for commuting to andfrom Metro stations. This clearly

indicates that there is an increasingpublic demand for this vehicle. Givenits many positive features andresilience in the face of violent attacksand competition from motorizedvehicles, it could well be described asa Post Modern Vehicle.

Why the Growing DemandThe growing demand for cycle

rickshaws is due to the followingfactors:

Rickshaws are the least expensiveand the most convenient form of transport in dense urban areas forshort distance travel. They providedoorstep service at all hours of theday and night.

With parking becoming a majorproblem, even those with cars prefertaking cycle rickshaws for localmarketing because it is bothconvenient and inexpensive. It willwait, for example, for a housewife as

she goes from shop to shop for herpurchases, and carry the goods to herdoorstep. Picture 8.

Rickshaws are widely used forsending children to local schoolssince they offer personalized and safeservice at a modest price by pickingup and dropping back children at theirdoorstep. Picture 9

Rickshaws are a necessary feederservice for the city’s bus service as

well as the Metro rail. Picture 10.Trolley rickshaws provide a vital

service for transporting goods to andfrom the wholesale markets, especiallyin congested areas. They are alsowidely used for delivering heavygoods (timber, sanitary ware, balls of

cloth, construction material, etc) fromthe market to the doorstep of the user.Picture 11

Trolley rickshaws are commonlyused by private rag pickers whorecycle the garbage in the city. Themunicipal agencies are heavilydependent on the free services of these garbage pickers. Usingmotorized transport for garbagecollection will dramatically increasethe cost of garbage disposal and alsolead to an increase in vehicularpollution especially since the trucksand tempos that are currently usedfor garbage collection are diesel-based vehicles with outdatedtechnology. Picture 12.

Eco-friendly VehicleCycle rickshaws are the most eco-

friendly of all vehicles. Since they donot consume petrol or diesel, they donot cause atmospheric pollution.

Each rickshaw covers a minimum

distance of 20-25 kilometers a dayamounting to a total of 120-150 lakhkilometers per day by the city’s600,000 rickshaws. If cycle rickshawswere removed from the city, it wouldinvolve an additional fuel expense of

nearly 500,000 litres per day costingmore than Rs. 1.25 crores per day. Thistotals to an expense of Rs. 450 croresper year.

The use of cycles as a safe andnon-polluting, environment —friendly mode of transport is beingactively promoted and encouraged bygovernments in different parts of theworld. There are cycle tracks invirtually all the First World cities, evenin the high Alps, because people are

discovering the health value of usingnon-motorized vehicles. This ishappening even though the vastmajority in these countries can affordand do own cars. By contrast, in India,where the vast majority does not ownmotorcars, our Government refuses toprovide road space for non-motorizedvehicles despite the fact that we arerunning huge bills for importing petroland diesel.

In towns and cities of China,Vietnam, Malaysia, Indonesia andother Asian countries, rickshaws area popular mode of transport. In severalEuropean cities, including Paris andOxford, which are far more consciousthan us about their air quality, cyclerickshaws are being introduced on anexperimental basis as a measure tocontrol vehicular pollution in citycenters. (pictures 13, 14, 15) InSingapore one finds smartly dressed

young men driving cycle rickshawsas a popular tourist attraction. But inIndia our policy makers are hell benton destroying this vehicle. (Pic. 16)Instant Source of Livelihood

Cycle rickshaws provide one of the few instant means of livelihoodfor poor rural migrants. Most pullersare seasonal migrants who leave theirfamilies in the village so that they cankeep their living expenses low and save

If cycle rickshaws wereremoved from Delhi, it

would involve anadditional fuel expense of nearly 500,000 litres per

day costing more thanRs. 1.25 crores per day.

Given its many positivefeatures and resilience inthe face of violent attacks

and competition frommotorized vehicles,

rickshaw could well bedescribed as a Post

Modern Vehicle.



28 MANUSHI

the cost of his vehicle within nine toten months.

A puller pays Rs 20 to 30 per dayrent for the vehicle, earns between Rs75 and 200 per day depending on thenumber of hours and distances he pullsthe rickshaw as well as the area in whichhe plies. Thus a rickshaw puller earnsat least to 4-10 times of what he pays byway of rent. By contrast, a man whohires a three-wheeler auto rickshawpays Rs 250 per day towards the rentalfor the vehicle and earns on an averageRs 300 per day.

While plying a rickshaw is animportant source of income for theilliterate and those with low educationskills as well as the educated

unemployed youth from poor families,for hardworking and enterprisingyoung people it provides an avenueof upward mobility. There are

A person is allowed to ownhundreds of trucks, buses and even

jet planes — but owning more thanone cycle rickshaw is illegal. Noperson can ply a rickshaw unless heis the owner (and vice versa) andholds a license granted by theCommissioner on payment of a certainfee as per the Cycle Rickshaw Bye-

Laws (1960) . The punishment forowning more than one cycle rickshawis confiscation and destruction of thevehicle by the MCD.

A person who owns a truck or busor taxi may hire whoever he/she wantsto ply that vehicle but in the case of cycle rickshaws, the MCD’sregulations require that the owner of

the vehicle must himself be the pullerof that vehicle. A rickshaw owner wholets another, including his own brotheror son, ply his rickshaw invitesconfiscation and destruction of hisvehicle. A truck or taxi is neverconfiscated because the person whoowns it does not drive the vehicle.

Although this law was ostensiblymeant to protect rickshaw pullers frombeing fleeced by the supposedly

exploitative rickshaw fleet owners andwas unfortunately even upheld by theSupreme Court ( All Delhi C.R.O.Union v. Delhi MunicipalCorporation. AIR 1987 SC 648 and

Nanhu & Ors. Vs Delhi Administration & Ors. 1981 (1) SCR373) as a beneficial piece of sociallegislation, it has been making thingseven worse for poor rickshaw pullers.It has become a tool of exploitationby the police and MCD officials to

extort bribes from unlicensedrickshaw owners and pullers using thethreat of impounding such rickshawsand destroying and selling them as

junk. This is a major reason why onewitnesses deterioration in thetechnology, functioning and visualappearance of this vehicle. Since thevehicle can be impounded any daywith or without reason, owners spendno more than is absolutely necessary

as much as they can for sending home.Within a few hours of arriving in thecity, by renting a rickshaw for the day,a migrant is able to not only earnenough to buy food for the day butalso to save something for sendinghome.

Savings from rickshaw pullinghelp sustain their families in thevillage. Farming would be even morecrisis ridden and entire families of destitute farmers are likely to flood thecities without these urbanremittances.

If the MCD’s figures are correct,in Delhi alone, more than 7 lakh peopleearn their livelihood from the cyclerickshaw trade. This includes

thousands of people who getemployment in the small-scaleindustry which produces rickshawparts. The rickshaw trade of Delhi alsomakes use of the services of thousands of repair mechanics andassemblers. At an average of fourdependents per person, the survivalof 35 lakh people is thus linked to thistrade.

Earning Potential of RicksThe cycle rickshaw represents the

most efficient use of capital and labourboth for the puller as well as for thevehicle owner. An owner invests Rs4,500 for a new cycle rickshaw andearns a rent of Rs 20 to 30 per day,depending on the state of the vehicleand the area in which it is plying. Hespends on an average Rs 200-300 permonth on repairs and maintenance of the vehicle, bribes to the police andmunicipality, and losses due to fines

and confiscation of the vehicle.Thus at an average of Rs 15–25

per day per vehicle an owner can getan income of Rs 450 to 750 per monthwith an investment of Rs 4,500,provided the vehicle is plied everyday of the month. This is not alwaysthe case since there is a short supplyof pullers during certain seasons andduring festivals. Even with all thosegaps in earning, an owner recovers

Savings from rickshawpulling help sustain thefamilies of pullers in thevillage. Entire families of

destitute farmers arelikely to flood the cities

without these urbanremittances.

numerous examples of men whostarted their lives as pullers butwithin a few years they manage toattain middle class status by savingup enough money to acquireadditional rickshaws for giving outon hire.

Other Absurd RestrictionsThe web of illegality that

surrounds this trade allows vastextortion rackets to flourishunchecked.

Apart from unrealistic quotas, thefollowing absurd restrictions thatgovern this trade with regard toowning and plying a cycle rickshawhave ensured that the vast majorityof even the licensed rickshaws arerendered illegal:




to keep the vehicle moving on theroad. (See Box 1)

“Owner Must be Puller”This restriction is all the more

absurd given the nature of the tradeand the compulsions of those whocome to pull cycle rickshaws. It is wellknown and openly acknowledged bythe MCD that the vast majority of cycle rickshaws (over 95%) are ownedby entrepreneurs who own 5 to 500rickshaws and give them out to otherson rent. Only the very poor opt to plyrickshaws because the work is back breaking. They rarely have the meansto enter this trade by straight awayinvesting money to buy a new or evena second hand vehicle. After some

years of plying, some manage to saveenough to be able to buy a vehicle of their own, but they do so only if theyare based in that city. Seasonalmigrants cannot afford the legal andillegal costs of owning a rickshaw forthe following reasons:

Most pullers stay in the city forsome months, save money and gohome for some days or weeks. Oftenthey have to leave at short notice dueto some emergency at home or theirown sickness. Many prefer to go andwork in the fields during harvest andsowing seasons. During festivals andfamily occasions also they have to gohome. During the periods that theyare absent from the city, they have noway to keep their vehicles safe.

If they rent out or even let a familymember drive their vehicle when theygo to village, it is likely to beconfiscated. Therefore, even if they

have the money they prefer not to buya rickshaw.

Even when they are in the city, mostpullers sleep on the pavements orshare small jhuggis with fellowmigrants. They have no place to park their vehicle safely at night. Thevehicle is likely to be stolen if theyleave it out in the open at night.

Getting a rickshaw license is almostimpossible for a poor man. Unlike

registration for motorized vehicles,licenses for cycle rickshaws havebeen frozen indefinitely by the MCD.Applications are accepted only duringone month of the year, even on thoserare occasions when the quota isincreased and applications are invited,at least on paper. Application forms

are given selectively to those whohave made prior ‘arrangements’ withMCD officials. This deniesopportunity to those pullers who maywant to own a rickshaw to legitimizetheir status.

Since a rickshaw license is notavailable on demand as a right, MCDofficials take hefty bribes for issuingand renewing these licenses, whichare valid for three years and requireto be renewed every year. Pullers canneither afford the time and bribesrequired in getting a license nor takehe risks involved in owning a rickshawthat may be confiscated any day.

Even licensed rickshaws are notspared confiscation and destructionon patently illegal grounds. The MCDroutinely rounds up and confiscatesa large number of rickshaws under theguise of checking licenses. Evenlicensed vehicles are not spared in

these “raids”. Once the vehiclereaches a municipal yard, the owner

has to pay a minimum fine of Rs 325to get the vehicle released, plus Rs 25per day as store charges for each daythat the vehicle stays in municipalcustody. But an owner can get itreleased only if he can provide“proof” that he is the real owner andalso that he was pulling the rickshawhimself. If he lacks the proof, thevehicle is liable to be destroyed.

Therefore, rickshaw owners runafter municipal officials and try tostrike a bargain so that they can getthe vehicle released before it isentered in the record book. They dothis by paying Rs. 100-200 in bribes,since in almost all cases, the owner isnot the puller and most rickshaws are

unlicensed.Once it enters municipal records,

the average expense for getting arickshaw vehicle released from theMCD yard comes to around Rs 600,including fines, store charges andpayoffs. Such expenses can only beincurred by those owning substantialfleets that give them staying powerand a good profit margin to pay thebribes. If a genuine owner-puller (a

rare species) loses his vehicle in amunicipal raid he is not likely havethe resources to put together therequired bribe money and legalformalities for getting the vehiclereleased. After 15 days the vehiclecannot be released and has to becrushed and sold as junk. Therefore,pullers find it preferable to rent thevehicle from fleet owners. But the veryexistence of rickshaw fleet owners isillegal. Therefore, almost all the 89,429licensed rickshaws are also illegal.

The fleet owners survive byworking out elaborate arrangementsfor monthly bribes through codelanguage. For example, almost allrickshaws have embossed the codeor real name of the fleet owner, asshown in picture 17. This indicates tothe police and MCD staff the identityof the man responsible for paying thebribe for that particular vehicle.

A rickshaw owner wholets another, including his

own brother or son, plyhis rickshaw invites

confiscation anddestruction of his vehicle.

The punishment forowning more than one

cycle rickshaw isconfiscation and

destruction of the vehicle

by the municipalauthorities!



30 MANUSHI

Anyone who tries to ply a rickshawwithout entering into such anarrangement will never get his vehicleback once it is impounded. As per theMCD’s own admission, nearly 60,000rickshaws are destroyed and sold as

junk every year; many more times thisnumber are released after the paymentof bribes and penalties.

The destruction of 60,000rickshaws itself results in a staggeringloss of Rs. 27,00, 00,000 per year totheir owners at Rs 4,500 per vehicle.Thus far from enabling the poorpullers to own their own rickshaws,the MCD makes it virtually impossiblefor the puller to become an owner,

even if he has sufficient funds to tryand own a vehicle. As per Manushi’sestimates, the cycle rickshaw tradepays loses a minimum of Rs 10 croresevery month due to bribes, fines,confiscation and destruction of vehicles.

Who is the Real Mafia?“Rickshaw to the Puller” policy is

justified primarily on the grounds thatthe rickshaw owners represent an antisocial group who exploit the poorrickshaw pullers by owning largefleets which they give out on dailyrent, thus allegedly siphoning off agood part of the puller’s daily income.The illegal existence of rickshawowners is used as a powerful tool todefame and exploit them. Those whotake bribes from them call them the“rickshaw mafia”. When the owner of an airline acquires an additional fleetof planes, or a truck owner manages

to expand his fleet to several hundredvehicles, he is celebrated as asuccessful entrepreneur. But when aperson comes to acquire a few dozenor a few hundred rickshaws, he getsto be stigmatized as a mafia don.

A new rickshaw costs Rs. 4,500.Even if you own 500 rickshaws, itrepresents a total capital of no morethan Rs 2,25,0000. Many rickshawowners started their lives as pullersand slowly built a fleet. Why isupward mobility and entrepreneurialspirit treated as a virtual crime onlyfor these people?

There is indeed a “rickshaw mafia”but it is based in the MCD office andmerely uses some big fish among the

rickshaw trade to act as touts and helpthem extort money.Owners and Pullers

Rickshaw pullers actually need theservices of fleet owners as much asthe owners need them to keep theirvehicles moving. Rickshaw operatorsrent pullers the vehicle without anysurety or security. Since most pullerscannot afford proper shelter, they findgreater safety in sleeping with otherpullers in the rickshaw yards managedby the owners. Fleet owners also actas informal banks for pullers. Ownershelp them in emergencies, especiallyif their mutual relations are good andlong standing. Some basic services

like water and rest points and sociallife are provided in the yard. In theirown interest, owners also offer totheir pullers some protection fromharassment and arbitrary arrests bythe police.

For example, whenever the policeis expected to round up “anti-socialelements” to maintain law and orderbefore an election or during certainsensitive festivals, they invariablypick up rickshaw pullers to show intheir records that they are takingaction against “bad characters” and“vagrants”. At such time, many of the owners come to the rescue of atleast their regular pullers.

The fact is that the municipal

officials have a vested interest indenying licenses to actual pullers. Asseasonal migrants, pullers come andgo as their situation demands. Evenwhile in the city they are constantlyon the move. Therefore, it is verydifficult for municipal staff and thepolice to collect daily or monthlybribes from lakhs of a floatingpopulation of pullers in the city. It isfar easier for them to collect bribesfrom rickshaw fleet owners who haveset places and workshops where theirvehicles are parked and repaired. It isalso easy for them to keep a count of the vehicles owned by each fleetoperator and accordingly collectmonthly payments from them becausethe number of illegal rickshaws theyown can be easily gauged when therented rickshaws come back to theyard at night. In addition, the fleetowners can be persuaded to feast

As per the MCD’s ownadmission, nearly 60,000rickshaws are destroyedand sold as junk everyyear; many more times

this number areconficated and released

after the payment of bribes and penalties.

If an entrepreneur owningan airline acquires an

additional fleet of planes,or a truck owner manages

to expand his fleet toseveral hundred vehicles,he is celebrated as a

successful entrepreneur.But when a person comesto acquire a few dozen ora few hundred rickshaws,he gets to be stigmatized

as a mafia don.

There is indeed a“rickshaw mafia” but it isbased in the MCD office

and merely uses somebig fish among the

rickshaw trade to act astouts and help them

extort money.




them with free liquor and food everynow and then.

Tyranny of the PoliceApart from the municipal raids and

confiscation drives, the traffic policealso routinely seize rickshaws on

patently illegal grounds. Forexample, under the guise of decongesting roads, the policeroutinely snatch the rickshaws in atotally arbitrary manner. These arethen handed over to the MCD, whichreleases them only after extractinghefty bribes or fines. They also seizethem for real or imagined trafficviolations and impose a minimum fineof Rs. 75 plus store charges at Rs 25per day. Most of the time the realpurpose for the seizures is to extractbribes. In order to keep themterrorized and pliable, trafficpolicemen beat up the pullers withtheir batons as a daily ritual, nomatter where they ply and no matterwhere they park the vehicle.

Large parts of the city have beendeclared as “No Entry Zones” forrickshaws. The zoning rulesformulated by the Delhi Traffic Policeare arbitrary and impractical, sincethe forbidden zones cannot beavoided by rickshaws while ferryingpassengers and goods. “No EntryZone” regulations do not mean thatthe police disallow rickshaws fromplying on those roads. All it meansis that rickshaw pullers are terrorizedinto paying extra bribes for plyingthere. In most instances there is noroad sign to warn a puller that he is

getting into a No Entry Zone.If the seized vehicle is sent to

municipal storage after beinghanded over by the traffic police,even if it is a licensed rickshaw beingdriven by its rightful owner, it takesdays of pleading and fines, bribesand other expenses to get a vehiclereleased. Many cannot afford suchheavy damages. So they lose theirrickshaws since the vehicle is

dismantled and destroyed if “unclaimed” for 15 days.

Banned Where NeededIn a recent High Court Order,

cycle rickshaws have been bannedin the Chandni Chowk area from RedFort to Fatehpuri Chowk, ostensiblyto avoid traffic congestion andensure its smooth flow. This isparticularly absurd since the old citywith its narrow by lanes and galliscannot survive without rickshaws —no other vehicle can reach and moveabout there with comparable ease.

The officials who have imposed

the ban argue that rickshaws maycontinue plying in the inner narrowlanes but they are barred from themain road of Chandni Chowk. This

logic is absurd because those livingin the narrow lanes need rickshawsto connect with the outside world,not to stay within the gallis . Theirlife cannot be confined to staying intheir own mohalla. In the SupremeCourt Order in the case involving

Hemraj Vs. C.P. Delhi , cyclerickshaws have been prohibited onthe arterial roads of Delhi. The reasonprovided by the High Court was thatthese roads are meant for motorizedtransport, that the plying of rickshaws would slow down thetraffic, resulting in congestion.

However, the main reason for thecongestion is poor observance of traffic rules by motorized vehicles,and non-implementation of lane-driving, as well as the lack of separate lanes for slow moving trafficsuch as cycle rickshaw pullers andcycles. Moreover, shopkeepers andcustomers park their cars for longhours thus blocking nearly half theroad with their parked vehicles.

“Montu”, embossed on the rickshaw indicates either the actual name of the owner or a code word used by the owner to indicate that the fleet of

vehicles displaying this particular code have an informal understandingregarding the monthly bribe to be paid to corporation employees.

The traffic police alsoroutinely seize rickshaws

on patently illegalgrounds.



32 MANUSHI

No Legal ParkingHuge amounts of public space is

provided for authorized car parks,including provision of multi layeredunderground parking lots built at hugecost. By contrast, there are hardly anyauthorized parking spaces for cyclerickshaws, despite the fact that peoplefrom this trade have fought prolongedbattles in the High Court and SupremeCourt for allocation of parking spaces.

As a result of interventions bythe courts, a mere 406 rickshaw standswere finally provided by themunicipality for parking rickshaws.However, the sanctioned parkingstands exist mostly on paper. In anycase, 406 stands would hardly suffice

for the 6 lakh cycle rickshaws of theCity. Since there are hardly anyauthorized stands for rickshaws thetraffic policemen routinely inflict thedanda treatment on the pullers on theground that they have no right to park their vehicles on the roadside. Again,the main purpose of these beatings isto keep them in a state of terror sothat they do not resist paying bribes.

Cause of Road CongestionThe bans and restrictions on the

numbers of rickshaws in the city andbans on its entry in the fashionableparts of the city are justified on theground that rickshaws cause trafficcongestion and obstruct the smoothflow of traffic. Facts tell the veryopposite story: the primary cause of road congestion is the increasingnumber of cars and other motorizedvehicles in the City. As per a report inThe Times of India of December 26,

2006, by the end of October 2006,there were over 50,36,842 registeredmotor vehicles in Delhi. And theirnumbers are growing daily. To quotefrom the report: “If all the vehicles of Delhi were placed bumper to bumper,they would occupy more than 13,320kms. If Delhi’s registered vehicles arelined from the equator, the line couldgo beyond either of the two poles.The length of the convoy would be

But there are no separate tracks forrickshaws and other forms of non-motorized vehicles. Thus rickshawpullers and cyclists have to competefor road space with trucks buses andcars at great risk to their own and theirpassenger’s lives. As mentionedearlier, less than 15% of the citizens inDelhi own private motorized vehicles;85% have to rely on public transportof which cycle rickshaws are a verycrucial part.

Yet, in utter disregard of the needsof citizens without cars, our civicagencies provide no road space fornon-motorized vehicles.

Policy Reforms SabotagedA rational policy framework for the

cycle rickshaw trade was provided inthe New Policy for Cycle RickshawPullers and Street Vendors announcedby Prime Minister Vajpayee in August2001 in response to Manushi’scampaign on behalf of these twosectors. Key features of this policyare as follows:

Let the laws of market demand andsupply determine the number of rickshaws in the city rather thanbureaucratic quotas.

The metropolis should be dividedinto “green”, “amber” and “red” zonesdesignating “free access”, “fee basedaccess” and “prohibited access”areas for rickshaws, respectively.

There must be an absoluteprohibition on municipal and policeauthorities from impounding, ordestruction, or seizure of rickshaws,including the goods and equipmentthey haul, for violating licensing or

traffic laws, except when they commitsome other offence which merits penalaction.

Any person who wishes to be arickshaw puller may do so by a simpleact of registration involving twosteps: (a) reliable identification by anymeans and (b) payment of a nominalfee to cover costs for issue of a photoidentification card.

Purpose of the registration is to

nearly equal to the combined lengthsof the Nile and Amazon, the world’stwo longest rivers.

As per a study done jointly by theWorld Bank and the AsianDevelopment Bank, New Delhi topsthe grim pollution charts listing 20major Asian cities. Traffic jams occureven in areas where there are no cyclerickshaws, including on the top of flyovers. (Pic. 18)

When a car is forced to stand stillor go extremely slow due to trafficsnarls it emits greater amounts of pollution and also damages theengine. A rickshaw is intrinsicallyslow moving and therefore movesmore easily in areas of congestion. A

car takes at least eight times the roadspace as compared to a rickshaw notonly because it is bigger in size butalso because road safety demands atleast 10- 15 feet space between onemotorized vehicle and another. Cyclerickshaws can move bumper tobumper without the risk of accidents.

A car is an object of conveniencefor just the person or family that usesthe vehicle. It provides service to nomore than two to four people a day.

When a car is parked it blocks roadspace and makes it unusable forothers on the road. By contrast arickshaw carries at least 50 persons aday and is constantly on the move.Therefore, it represents a much betterutilization of road space.

Yet our government policiesencourage the proliferation andincrease in the number of cars in theCity. Not just private banks but evennationalized banks chase customersto avail themselves of their car loansat low interest rates despite the factthat the available road space in ourcities cannot possibly accommodatethe current rate of increase in privatecars.

Government spends crores of rupees on building flyovers as wellas four and six lane motorways for theconvenience of motor vehicle owners.




provide reliable identification for thepurposes noted above. It is not apermit to ply the trade. No such permitshould be required.

A registered rickshaw puller whowishes to operate in an”amber” zonemay do so by paying a fee, uponwhich a sticker to the effect may be

affixed on his registration card.Numbers of cycle rickshaws in the

“amber” zones may be regulated byadjustment of the amount of feeperiodically. Penalties for plying in an“amber” zone without payment of thefee may involve a moderate financialpenalty in addition to the fee but inany case there must be an absoluteprohibition on municipal and policeauthorities from impounding, ordestruction, or seizure of the vehicleor the goods it is carrying.

The number of cycle rickshawsshould be regulated by increasing thelicense fee rather than putting anunrealistic artificial ceiling on thenumbers that can operate in the city.

Non-government organisationswith a record of working for the welfare

A car takes at least 8times the road space ascompared to a rickshaw

... which can movebumper to bumper

without the risk of accidents.

Traffic jams due to motorcars on multi lane flyovers where rickshaws arenon existent are a common sight in Delhi

A car is an object of

convenience for just theperson or family that usesthe vehicle. A rickshaw

carries at least 50persons a day and is

constantly on the move.Therefore, it represents amuch better utilization of

road space.

of these groups may be authorized tointerface between them and theconcerned authorities.

However, far from implementingthe new liberalized policy for cyclerickshaws, the municipal authoritiesand the Traffic Police keep the tradein a permanent state of siege andterror with ever new restrictions andbans.

Unconstitutional LawsThe Government’s policy, laws

and regulations governing this tradeare extremely irrational, exploitativeand operate in a manner that violatesthe Right to Equality as well as theRight to Livelihood promised by theConstitution (Articles 14, 19(1(g) and21), as Fundamental Rights. Theyprovide an illustrative example of howthe gains of economic reforms are notreaching most sections of thoseworking in the unorganized sector,which provides employment to nearly93% of India’s work force. TheLicense-Quota Raj is beingdismantled mainly in the exportoriented corporate sector, which iswitnessing an unprecedented boomas a result. However, since the

corporate sector providesemployment to no more than 2% of the working population, a majority of those who work in the unorganizedsector remain trapped in poverty dueto needless obstructions that thwarttheir pursuit of a livelihood.

Since the Supreme Court has ruledon more than one occasion that anylaw that violates the FundamentalRights assured by the IndianConstitution to every citizen, deservesto be struck down, we believe ourpetition highlighting the patentlydiscriminatory policy for the cyclerickshaw trade deserves a favourablehearing in the Supreme Court.

Appeal for SupportThe cycle rickshaw as a post-

modern vehicle needs to be savedfrom destruction and given its dueplace in the urban economy. We urgeyou to join Manushi’s RickshawBachao Abhiyan by contributing toManushi Sagathan, which takes upissues of economic and politicalreform and provides an organisationalplatform for the concerned group of citizens. Donations to manushiSangathan are tax exempt.

m k Rickshaw Article

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