Delhi HC issues notice in plea to ensure safety of Uber, Ola passengers

The Delhi High Court today issued notice in a plea seeking a direction to the Delhi Government to implement the City Taxi Scheme, 2015 in order to ensure the safety of persons using cab aggregators Uber and Ola..Notice was issued by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar in a petition preferred by Art of Learning Foundation..In its public interest litigation, the petitioner organisation has highlighted the non-compliance of Uber and Ola with the City Taxi Scheme, 2015 which was framed under Sections 93, 95 and 96 of the Motor Vehicles Act..The petitioner has asserted that Ola & Uber have failed to ensure their statutory “duty of care” towards the safety and welfare of its passengers in terms of the Scheme. Under the Scheme, cab aggregators/licensee would be responsible for the quality of drivers, their police verification, and their conduct with the passengers, etc..To substantiate its claim, the petitioner has referred to several news reports on incidents of sexual crimes against women passengers. In spite of such incidents, no Internal Complaints Committee has been constituted till date by Ola & Uber, it is submitted..It is added that action has only been taken in cases where an FIR for rape or sexual assault is lodged, and even then, the drivers are only suspended. There is no legal implication on the cab aggregator, the petition states..The petitioner has, therefore, asserted that Ola and Uber are “loosely governed” cab aggregators “who are rich on profit with no or very less responsibilities towards the personal safety of the users of their services” due to the “shoddy control” over their driver-partners..Apart from seeking the implementation of the City Taxi Scheme 2015, the petitioner has also sought strict action against erring drivers. It has also sought to make Directors of cab aggregators individually and severally liable for their inaction under Sections 166 and 2(60) of the Companies Act 2013..A direction to constitute an Internal Complaints Committee in terms of the Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013 by Ola and Uber is also prayed for..Additionally, the petitioner has sought a direction to the Delhi Government to formulate suitable laws/legal framework to regulate Ola’s bike services..The matter will be heard next on September 27..Recently, the Supreme Court had asked the Centre to consider making laws for governing and regulating application-based taxi services like Ola and Uber.