Chhabilal Sardar Majhi, born on the outskirts of Khanar in Sunsari, went to Punjab, India after reaching adulthood and worked as a security guard for 20–25 years. While in Punjab, he married Durga Sangraula, a woman originally from Chitwan, in an inter-caste marriage. After living in Punjab for a long time, Chhabilal returned to Nepal and started working as a security guard in Dharan to make a living.
Eventually, he left his security job and began driving a city rickshaw for a church. Later, he drove aother city rickshaw owned by a private individual. Eventually, Dil Bahadur Magar (whom Chhabilal knew from before and was living in his home as a tenant with his family) asked Chhabilal if he would drive a rickshaw, if he buys one? Chhabilal agreed to drive it on the condition of paying rent of 500 Nrs to Dil Bahadur every day.
Before chhabilal started driving Dil Bahadur’s rickshaw, his wife went to Oman as a migrant worker for domestic employment.
On 2079 Ashoj 4 (a Nepali date), while returning after dropping off a passenger from Fulbari Chowk, a 82 years old man suddenly appeared from behind a wrongly parked truck. Chhabilal’s rickshaw, which was at a moderate speed, hit the man who fell on the street. With help from nearby people, Chhabilal put the injured elderly man in his rickshaw and took him to Apex Hospital in Itahari. As the hospital could not treat the case, the man was taken to Biratnagar for treatment, where he died after an hour.
The relative of a deceased’s family asked Chhabilal to go to the police station and was escorted to him to the Itahari police station. Chhabilal was kept in custody for 28 days, and afterward, the court decide to send Chhabilal to jail for preliminary investigation.
After nearly 7 months, the Sunsari District Court sentenced Chhabilal 3 years and 2 months jail and to a fine of NPR 32,200. Although Dil Bahadur (the rickshaw owner) was also sentenced 2 years jail, but he was released on bail of NPR 42,000. After attending regular court dates for a long time, he was recently acquitted.
After 7 months of the accident, Chhabilal’s wife Durga returned from Oman. She visited her husband in jail and asked for the money she had sent from abroad. Chhabilal explained that he had used NPR 350,000 to pay off debts and cover household expenses. This led to an argument between them. Durga took her children and went to her maternal home in Chitwan, but her son returned to Khanar because he didn’t like staying there.
A year later, Durga went abroad again for work, this time to Kuwait. However, Chhabilal was not informed about her departure.
Meanwhile, Chhabilal’s son, who was studying in grade 7, fell into bad company and started using drugs. He eventually committed suicide by hanging himself in his room. No one knew about it until the body began to decompose and neighbors broke down the door with the help of his relatives. Chhabilal was taken from jail for the son’s autopsy and funeral. He believed, if he hadn’t been in jail, he wouldn’t have lost his son. With his father in jail and mother abroad, there was no one to look after the boy, which led him down the wrong path.
Durga also returned to Nepal immediately for her son’s funeral. Afterward, she visited Chhabilal in jail and asked for a divorce. Chhabilal was shocked and heartbroken to hear this, especially while still grieving for his son. The court asked Chhabilal to sign the divorce papers, but he refused. Although the lawyer informed him that the divorce would be finalized in six months regardless, Chhabilal still chose not to sign.
Chhabilal’s sentence of 3 years and 2 months will end in Kartik 2082 (Nepali calendar), but if he does not pay the fine of NPR 32,200, he will have to stay four months more. He says that if someone could help him by paying the bail amount, it would be a great favor, and he promises to repay it after being released.
At 54 years old, Chhabilal believes he has been wronged. He insists the accident wasn’t his fault, as the elderly man had suddenly come out from behind a parked truck. He feels he has suffered this long sentence because there was no one to speak for him at the time. The incident not only sent him to jail but also caused him to lose his son and wife. Being landless, he has nowhere to go after release.
Despite all these hardships, there is still a glimmer of hope on Chhabilal’s smiling face. After being released, he plans to obtain a city rickshaw license, work for a while, build a small house, and then start a poultry farm.
In Chhabilal Sardar issue is related with the E-rickshaw Driving License. He and his family were forced to suffer for not having driving license. And this is not only the issue of Chhabilal, rather it is the issue of 200,000 e-rickshaw drivers and their dependent family in Nepal, who survives on these means. The issue is equally important for the millions of common people who benefit from this affordable means of transportation.
Besides this, these e-rickshaw are eco-friendly, creating jobs for many poor Nepalis, which is helping to sustain their livelihood and enhance their living status. Most importantly in every city of Nepal, these three-wheeled rickshaws are the backbone of local transportation.
But since the beginning, these city rickshaws have been subjected to various regulatory barriers. Currently E-rickshaw drivers in Nepal face the challenge of not having driving license. As per the government rules one must pass the written test to appear in the practical test. But for many uneducated e-rickshaw drivers, the written test is a major barrier. Without passing it, they cannot take part in practical tests and remain without a driving license. Almost 90 percent of the e-rickshaw drivers do not have the driving license, which is mandatory legal documents. Without a driving license, e-rickshaw drivers are left with two choices—drive illegally or lose their livelihood and survival opportunity. In between this confusion, people make a choice to drive rickshaws illegally, because many of them have limited options for their survival as there is not much job opportunity in Nepal.
Without driving license, insurance claim cannot be made if they hit an accident, and these poor e-rickshaw drivers may end up in jail for driving without license and not being able to pay the compensation amount. Analyzing this situation and identifying the problem, Bikalpa has been raising the issue for the last few years to ease the licensing process for the e-rickshaw drivers that will ensure the livelihood opportunity of many low-income earners, their families, and millions of Nepalese commuters.
