The Delhi High Court has issued notice to the Government of the National Capital Territory of Delhi (GNCTD) on a public interest litigation highlighting alleged systemic failures in the regulation and enforcement framework governing e-rickshaws operating in the capital.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia on Wednesday sought response from the GNCTD, its Transport Department, the Delhi Traffic Police, and the Municipal Corporation of Delhi (MCD), directing them to file their respective counter-affidavits within eight weeks.
Filed by Manish Parashar, the petition invoked the Court’s writ jurisdiction under Article 226 of the Constitution, alleging grave violations of statutory and constitutional obligations by public authorities entrusted with road safety and traffic regulation. The petitioner averred that in August 2025, his eight-year-old daughter lost her life after being hit by an e-rickshaw that was allegedly being driven at high speed and in blatant disregard of prescribed norms.
He submitted that a significant number of e-rickshaws plying in Delhi were structurally unsafe, inadequately regulated, and frequently uninsured, thereby posing a serious and continuing threat to public safety.
The plea further contended that rampant non-compliance with statutory safeguards had resulted in a surge of road accidents, leading to avoidable injuries and fatalities. Such regulatory apathy directly impinged upon the fundamental right to life guaranteed under Article 21 of the Constitution, as consistently interpreted by the Supreme Court to encompass the right to safe roads and a secure living environment, it added.
The plea drew the attention of the Court to the existence of a detailed regulatory regime governing e-rickshaws, including the Motor Vehicles Act, 1988; the Central Motor Vehicles Rules as amended from time to time, particularly the Central Motor Vehicles (Sixteenth Amendment) Rules; prescribed safety standards; and the E-Rickshaw Sewa Scheme, 2014. Despite this framework, enforcement on the ground remained sporadic and ineffective, rendering the statutory protections illusory, it noted, adding that repeated representations made to the concerned authorities failed to elicit any remedial action, necessitating judicial intervention.
The petitioner sought directions for strict and uniform enforcement of existing regulations, imposition of a rational cap on the registration of e-rickshaws, compulsory compliance with traffic and safety norms, and seizure of vehicles operating without statutory approvals or in violation of permit conditions.
He also demanded the creation of a dedicated compensatory mechanism or fund to provide financial assistance for medical treatment, rehabilitation, or ex gratia relief in cases of injury, permanent disability, or loss of life arising from accidents involving non-compliant e-rickshaws.
Such a measure would be in consonance with the State’s constitutional duty as articulated in judicial precedents such as Parmanand Katara v. Union of India and M.C. Mehta v. Union of India, which underscore the obligation of public authorities to prioritise public safety and protect human life, added the petitioner.
The High Court has listed the matter for further hearing on March 18.
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