The Bombay High Court on Wednesday issued notices to the Central and Maharashtra state governments regarding a petition that raised concerns about the lack of passenger safety in cabs and autos operated by ride-hailing platforms such as Uber and Ola. The petition, filed by squash coach Amitoj Inder Singh, highlights the risks passengers face despite the 2020 Motor Vehicle Aggregator Guidelines.
Singh’s petition stemmed from a personal incident in April 2018, when he was attacked by a driver operating under one of these platforms. The petitioner, a frequent user of Uber and Ola, has called for stronger safety measures, demanding that aggregators be held accountable for criminal acts committed by their drivers and that safety protocols be enhanced.
The Court, led by Chief Justice DK Upadhyaya and Justice Amit Borkar, initially questioned the petitioner’s request for legislative directions. “How can it be done? Three of your prayers seek to frame rules,” the Chief Justice remarked. However, after clarification from Singh’s counsel that the request was not for new legislation but for better enforcement of existing guidelines, the Court issued notices to the Union and Maharashtra governments, asking them to respond within three weeks.
The petitioner argues that the Motor Vehicle Aggregator Guidelines, issued by the Ministry of Road Transport & Highways in 2020, are insufficient for ensuring passenger safety. While the guidelines contain some safety provisions, they lack enforceable compliance measures, leaving no legal framework to hold aggregators accountable for criminal acts committed by drivers. Singh has urged the Court to require aggregators to implement stronger safety protocols, such as mandatory driver background checks, the installation of 360-degree CCTV cameras in vehicles, real-time GPS tracking, incident reporting portals, and upfront risk disclaimers for passengers.
The petition also calls for Uber and Ola to be made legally liable for any criminal acts committed by their drivers, as these companies control all aspects of the ride, including fares and routes, but are largely unaccountable for incidents such as assaults. Singh argues that these platforms operate in a “legal vacuum” with no proper regulatory framework to safeguard passengers or hold aggregators accountable.
In a related development, the High Court had earlier ordered, on March 7, 2022, that all cab aggregators apply for licenses under the Motor Vehicles (Amendment) Act and the 2020 Aggregators Guidelines. The Maharashtra government was directed to submit an affidavit detailing steps taken to comply with this order, including issuing licenses and establishing an appellate authority. During Wednesday’s hearing, the State’s counsel informed the Court that the licensing process was being implemented as per the earlier order. The Court has now asked the State to file a compliance affidavit and scheduled the next hearing for January 29, 2025.
