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Synopsis

The Bombay High Court on Wednesday issued notice in a Public Interest Litigation filed seeking the implementation of 2020 Motor Vehicle Aggregators Guidelines.

A division bench of the high court comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar was hearing a PIL filed by Amitoj Inder Singh, a squash coach. The PIL raised concerns about the safety of passengers in vehicles operated by cab aggregators like Ola and Uber.

Singh filed a PIL after a driver operating through a cab aggregator assaulted him in April 2018.

The PIL states that there are no laws or guidelines in place, which would make cab aggregators liable for the criminal acts of the individual drivers who ply these aggregator-based Taxis under their respective brands. This is despite the fact that the cab aggregators control every aspect of the ride including pricing, when a passenger books with them.

Furthermore, it states that safety measures background checks for drivers, 360-degree CCTV Cameras in each taxi, and incident reporting portals shall be made available.

“The Central and State Governments have not prescribed Guidelines involving safety, despite the Aggregators being operational since over 13 years as an essential public service. Safeguards including but not limited to background checks for drivers, 360-degree CCTV Cameras in each taxi, Incident Reporting Portals accessible to all taxi aggregators, consumers, and authorities like the traffic police and licensing authorities etc. and mechanisms are required to be framed and implemented by the Central and State Government for the protection of the riders.” The plea reads.

The PIL further argues that aggregators contradictorily and deceptively represent to the general public at large enticing them to believe that they are entirely committed to the safety of their riders. At the same time, they adopt various disclaimers that protect and guard them from criminal liability for the acts of the individuals who ply taxis through them.