The Supreme Court pointed out the need to bring cab aggregators under the Motor Vehicles Act and IT Act
App-based taxi aggregators have so far escaped liability for any crime taking place in their cabs, purely because there is no law in the country to net them. Observing this to be awkward and detrimental to the safety of women, the Supreme Court asked the Central Government on Wednesday to examine the possibility of changing laws to make firms such as Ola and Uber liable for crimes committed in their cars.
While hearing a public interest litigation (PIL) filed by lawyer Nipun Saxena in the aftermath of the 2012 Nirbhaya gangrape, the apex court found this vacuum in law to be too dangerous. The bench comprising Justices SA Bobde, R Subhash Reddy and BR Gavai asked Saxena to file representation to the Centre, highlighting the need to bring aggregators under the legal net of the Motor Vehicles Act 1988 and the Information Technology Act 2015. The Court directed the Centre to respond within four weeks.
Amicus curiae Indira Jaising pointed out that under the Motor Vehicles Act, the term 'motor operator' applies to someone who owns the vehicle.
Or in whose name the vehicle is registered. This excludes aggregators who operate a fleet of cars but do not own them.
Safety Lock
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| The Supreme Court pointed out the need to bring cab aggregators under the Motor Vehicles Act and IT Act |
| Currently, the term ‘motor operator’ legally applies to the owner of the car, and not the fleet operator |
Some states such as Karnataka have made amendments to their specific Motor Vehicle Rules but largely, app-based aggregators have been left out of their ambit of punishment, leaving individual drivers to bear the brunt of any violation.
Additionally, these services also do not fall under the ambit of the Information Technology Act as a 'digital intermediary'. "In 2014," Saxena told DNA, "a woman was raped in Delhi inside an Uber taxi by the driver. It is easy for Ola or Uber to shrug off any liability, but in the end, the consumer has booked the cab under a contract with them. S/he is unaware of the driver's credentials or whether s/he has a valid permit. Somewhere, cab aggregator companies should be liable for such actions."
A step in this direction is the Union Cabinet's approval for introduction of Motor Vehicles (Amendment) Bill 2019, which will provide statutory recognition to transport aggregators and improve their operations.
OPINION
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| Safety of women compromised |
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Aggregators disown liability on their websites for compensation for any misconduct by drivers on the ground that they are “aggregators” and not service providers. They have no substantial assets in India and often refuse to be within the jurisdiction of Indian courts. I am given to understand that the new proposed law on Motor Vehicles does have regulation but it has not come into force. —Indira Jaising, Senior Advocate
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