KATHMANDU, JUNE 4
The apex court issued a short term interim order against strike in the transportation sector today just as the protesting transport entrepreneurs called off their strike.
A single bench of Justice Nityanand Pandey issued a short-term order today. Additionally, the differing parties have been invited to discuss additional interim orders.
Since June 2, the Federation of Nepalese National Transport Entrepreneurs had been on a nationwide strike against Gandaki Province's ride-sharing regulations. Transport entrepreneurs withdrew strike after two days of complete halt on any vehicular movement in Kathmandu Valley.
Advocate Bibek Pokharel had filed a writ petition in the Supreme Court challenging the strike.
The writ petition requested an interim order to immediately resume public transport, claiming that stopping the service violates the constitution.
The writ petition claimed that thousands of citizens, including students, patients, employees, and teachers, have had their mobility significantly impacted by suspension of public transportation nationwide.
According to the writ petition, the transport strike violated the common people's fundamental rights, citing the obstruction of movement, profession, and employment guaranteed by Article 17(2) of the Constitution.
Article 17(2) of Nepal's constitution guarantees people several freedoms, including the right to practise any profession, pursue any occupation, and establish and operate any industry, among others.
However, the two-day strike by transport entrepreneurs hampered and cost commoners dearly, both economically and physically. Many took to social media to express their frustration due to the shutdown of most essential services.
Victor Paudel expressed his frustration by writing that he rides InDrive/Pathao once a day and frequently sees riders/drivers venting their frustrations about things like 'These leaders have ruined the country, looted, and cheated the people.'
"But today, I requested a ride from Balaju to Naxal (at a slightly higher price than usual), but it was not accepted. Instead, many riders approached me and suggested that I go offline and ask for double or triple the normal rate!" reads his post.
His was not an isolated case. Raj Karki took screenshots of InDrivers' exorbitant price increases in the absence of public transport and wrote, "Terror of InDrive/InDriver. Terror: Today."
Only a few services remained operational. Sajha Yatayat buses, some private taxis, and vehicles eased commuters' stress to reach home. Public security forces, including Nepal Police and the Armed Police Force, also provided two free bus routes to relieve commuters' stress.
The transport strike began in response to new ride-sharing regulations imposed by the Gandaki Provincial Government, postponed for a month after a request from the federal government.
The prime minister's office had asked the provincial government to suspend the regulation to ease the commute, despite the Supreme Court issuing a directive order to the federal government on April 2, 2024, stating that necessary initiatives should be taken as soon as possible to provide adequate legal provisions to address transportation-related businesses such as ride-sharing.
However, even as 14 months have passed since, the federal government has yet to enact legislation to regulate ride-sharing businesses.
It is to be noted that the government has banned strikes in 25 sectors that fall under the most essential services through the Essential Services Operation Act (ESOA), 1957.
As per the ESOA, strikes are not permitted in the postal, wire and telecommunications services, transport services (transport of goods via land, water and air routes), aviation office and aircraft supervision, operation and maintenance, air grounds and railway station services, transport and load and unload of goods from government warehouses and print or government printing.