LAW AND PRACTICE : A ILLUSTRATIVE CONFLICT BETWEEN RULE OF LAW AND HUMAN RIGHT?

Law and practice

Sometime wrong and unlawful practices develop and become normalize so much that it is difficult to defend law. From Mohan Nagar crossing in Ghaziabad to Vaishali metro station (in Ghaziabad), the big autos run everyday which have the permissible capacity of 8 passengers and 1 driver. The auto takes 11 or 12 passengers. This is not only unlawful but sometime creates risk to the security and safety of passengers.  It creates inconvenience to passengers and take more time to start because once the capacity of 8 passengers is full, outside passengers also avoid sitting for comfort. 

Today (Jan 17, 2019) a lady fellow passenger was asking the auto driver to move as the capacity of 8 passengers was full. But the driver was waiting for 3 more passengers as plying with 8 means a loss of Rs 10x3=Rs 30. The lady was being delayed as it was morning time to reach office for everyone. She was expecting fellow passengers also to push for an immediate movement of vehicle. We were silent as we Indians are generally silent (unless it is a religious or caste or political issue). I'm usually outspoken on almost all matters which are lawful or justified. However on this matter I was not only silent but also of the opinion that the driver should take 3 more passengers even if it is not permissible. On certain previous occasions I ve indeed defended the driver taking his daily load of 11 passengers in violation of the permissible limit of 8 passengers. My justification is "Why should the driver lose his Rs 30 on every trip, that too in the morning when with little effort he can find passengers." In the noon it is not possible to find even full capacity of 8 passengers. The driver is earning a few rupees more by making some effort (of course breaching the law and at the discomfort of passengers). 

Then I felt that I ve started defending something that is unlawful in practice and arguing against something that is lawful. By choosing to remain silent I indeed encourage the auto driver and not observing my fundamental duties under Part IVA of the Constitution of India. Is it right for me to do it? Am I offending the rule of law? The whole issue is law vis a vis practice. Right to livelihood of driver vis a vis right of consumer, both a human right. Right of driver to earn more and money vis a vis right of citizen to reach on time or ve lawful comfort and safety. A little discomfort of consumers gives the driver better reward for his employment. Is it a sound conflict between rule of law and human rights of driver? A Yaksh prashn to me. Im trying to find a way in the conflict.