By Kenneth Nongsiej
With its serene landscapes and natural beauty, Meghalaya has become one of India’s most favoured tourist destinations. The state is blessed with various natural wonders, from the Living Root bridge, waterfalls, crystal clear rivers and caves, drawing visitors across the country and beyond. This surge in tourism has been a boon to the local economy, providing livelihoods to an estimated 50,000 people. The tourism sector now contributes approximately 4.1% to the state’s Gross State Domestic Product (GSDP), according to the Meghalaya Tourism Policy 2023.
In recent years, especially after the global pandemic, the state has witnessed a rapid rise in the number of tourists. As reported by CNBC TV18 (News Web Portal) on November 26, 2023, the number of tourists increased from 7 lakh in 2013 to 12.7 lakh in 2023. Despite this growth, concerns about the impact of tourist vehicles from outside the state have arisen, leading to debates over imposing restrictions on these vehicles, particularly by adopting a model similar to that of Sikkim, where tourist vehicles from outside the state are limited to designated areas.
This article will explore the issues raised by local tourist drivers, examine the constitutional provisions related to these restrictions, and propose a balanced approach that protects the rights of all stakeholders while also meeting the socio-economic needs of the state’s residents. It also raises the question of “Whether people would be open to implementing a similar policy in Sikkim” or “Whether it would lead to inconvenience for the tourists if implemented”.
Concerns Raised by Local Tourist Drivers
The local tourism sector, particularly taxi drivers, has been vocal about the challenges posed by the influx of tourist vehicles from outside Meghalaya. The All Khasi Meghalaya Tourist Taxi Association (AKMTTA) has raised the issue that approximately 3,500 vehicles enter the state with tourists, of which around 2,400 come from outside. The unregulated entry of these vehicles has led to fierce competition for local drivers, who are finding it increasingly difficult to secure passengers and earn a livelihood.
Local tourist taxi operators argue that the unchecked entry of out-of-state vehicles negatively impacts their daily income, as tourists tend to prefer hiring vehicles from neighbouring states for the entirety of their trip. This situation not only undermines the livelihood of local drivers but also disrupts the economic balance in the tourism sector.
Given the genuine concerns of local drivers, the question arises: Can the state government impose restrictions on vehicles from outside the state without violating the provisions of the Constitution of India? To answer this question, we must first examine the constitutional framework governing such matters.
Constitutional Provisions
The Preamble of the Constitution of India intends a society where social, economic, and political justice is secured to all citizens. To achieve this vision, the framers of the Constitution included various fundamental rights, under Part III. Article 19 of the Constitution guarantees several rights, including the freedom of movement throughout the territory of India (Article 19(1)(d)) and the freedom to practice any profession, or to carry on any occupation, trade, or business (Article 19(1)(g)).
However, these rights are not absolute. The Constitution permits the imposition of “reasonable restrictions” on these freedoms in the interest of the general public or protection of the interests of any Scheduled Tribe, under Articles 19(5) and 19(6). This means that while citizens have the right to move freely, settle and engage in trade in any part of the territory of India, this right can be curtailed if there is a legitimate public interest that necessitates such restrictions.
In the context of restricting tourist vehicles from outside the state, one could argue that such a restriction infringes upon the rights of drivers from other states, as they too are citizens of India and enjoy the freedom to travel and work across state borders. If Meghalaya were to impose such restrictions, it could potentially lead to reciprocal measures being implemented by neighbouring states, further complicating the issue.
At the same time, it is important to note that the Constitution also provides special protections for the interests of Scheduled Tribes, which constitute a significant portion of Meghalaya’s population. The Sixth Schedule of the Constitution grants autonomy to tribal areas in Meghalaya, allowing them to govern certain aspects of their economic and social affairs. Additionally, Article 19(6) permits the state to impose reasonable restrictions on the right to engage in any occupation in order to protect the interests of the “general public”. This provision could be invoked to justify restrictions on tourist vehicles from outside the state if it is demonstrated that such restrictions are necessary to protect the socio-economic interests of the local tribal population.
The Sikkim Model: A Case for Meghalaya?
Sikkim has implemented a model where tourist vehicles from outside the state are restricted from entering certain designated areas. Instead, tourists are required to hire local taxis to travel to these destinations. This model has been praised for ensuring that local drivers benefit from the influx of tourists, while still allowing visitors to explore the state. Could Meghalaya adopt a similar model to address the concerns of local drivers?
There are merits to this approach. By restricting tourist vehicles from outside the state to certain entry points or designated parking areas, and requiring tourists to use local taxis to reach popular destinations, the state could ensure that local drivers have a fair share of the tourism economy. This would help alleviate the financial pressures faced by local drivers while still providing a positive experience for tourists.
However, implementing such a model in Meghalaya would require careful planning and coordination. For one, the state would need to ensure that adequate transportation infrastructure is in place to accommodate the increased demand for local taxis. Additionally, it would be necessary to establish clear guidelines and regulations to prevent confusion or inconvenience for tourists.
Legal Considerations and Challenges
While the Sikkim model provides a potential solution, its implementation in Meghalaya would need to pass the test of “reasonable restrictions” under the Constitution. Any restriction on tourist vehicles from outside the state would need to be carefully crafted to ensure that it does not disproportionately infringe on the rights of drivers from other states.
In the case of State Of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat it was held that a restriction imposed for the purpose of achieving any of the objects laid down in Part IV of the Indian Constitution may be regarded as reasonable
When it comes to restricting tourist vehicles, the state would need to demonstrate that the restriction is necessary to protect the socio-economic interests of local drivers and that no less restrictive alternatives are available. Article 38 under Part IV of the Directive Principles of State Policy of the Constitution grants the state the power to promote the welfare of the people and secure socio-economic justice.
Air Connectivity A Long-term Solution
While the debate over restricting tourist vehicles continues, it is important to consider the broader context of transportation infrastructure in Meghalaya. The state’s relatively limited air has contributed to the reliance on road transport for tourists. Most tourists travelling to Meghalaya arrive via neighbouring states, particularly Assam, which serves as a major entry point.
Improving air connectivity to Meghalaya could provide a more sustainable long-term solution to the issue. If tourists were able to fly directly into Meghalaya, they would be less likely to use vehicles from neighbouring states. This would reduce the pressure on local drivers and create more opportunities for the local tourism sector to thrive. However, While trying to resolve these issues, it is important to keep in mind that local drivers should not take advantage of the situation by charging high fees from the passengers.
The Meghalaya Tourism Policy 2023 highlights the need for improved connectivity as a key priority for the state’s tourism sector. By investing in infrastructure development, the state can create a more balanced and equitable tourism economy that benefits both locals and visitors.
Way Forward Striking a Balance
The issue of restricting tourist vehicles from outside the state is a complex one that requires a meaningful approach. On one hand, the state must protect the socio-economic interests of its local drivers, who are an integral part of the tourism industry. On the other hand, it must ensure that any restrictions imposed are consistent with the constitutional rights of all citizens and do not unduly hinder the flow of tourism, which is vital to the state’s economy.
A potential solution lies in implementing a system where tourist vehicles from outside the state are allowed to bring tourists to the hotel, but from the hotel, local taxis should be used for transportation to tourist destinations. This would ensure that local drivers benefit from the influx of tourists without infringing on the rights of drivers from other states. However, if these restrictions are in place, there must be a mechanism with the aid of technology to provide a portal to book the tourist cab with a fixed fare rate set by the government, ensuring uniformity and preventing tourist cab drivers from taking advantage of the fare.
Additionally, the state should prioritise improving air quality to reduce the reliance on road transport. By doing so, Meghalaya can create a more sustainable and inclusive tourism sector that provides economic opportunities for its people while preserving the natural beauty and cultural heritage that make it such a sought-after destination.
In conclusion, the key to resolving this issue lies in striking a balance between the rights of local drivers and the broader interests of the tourism sector. By adopting a thoughtful and measured approach, Meghalaya can ensure that its tourism industry continues to thrive while providing socio-economic justice to its people.