BOMBAY HIGH COURT ISSUES NOTICE TO CENTRE AND STATE ON PIL WITH RESPECT TO PASSENGER SAFETY

December 19, 2024by Primelegal Team0
Screenshot 2024-12-20 151819

INTRODUCTION

On 18th December,2024, the Bombay High Court issued a notice to the Central government, the state government, and to the ride-hailing services Uber and Ola with respect to a Public Interest Litigation (PIL) that pointed concerns regarding passenger safety and asked these cab companies to be held liable for their drivers. 

Hon’ble Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar asked the state to reply, highlighting the actions taken regarding the March 7, 2020, order in a PIL. The High Court had, at that time, directed, and drafted rules and guidelines under the Motor Vehicles Act. 

 

BACKGROUND

The Bombay High Court while hearing a PIL filed by Amitoj Singh, resident of Andheri East. On 28th 2018, he was attacked by a driver who, instead of picking him up from the location forced him to walk 100 meters under the heat of summer with his heavy bag. The driver also refused to adjust the AC and drove very slowly. The Worli police registered an FIR against the driver, and a chargesheet was put before the Bhoiwada Magistrate. Amitoj Singh contacted Uber and other cab service providing companies regarding their safety measures, but received no proper response from them. His research and investigation concluded a series of serious crimes committed by Uber and Ola drivers, in the past. 

KEY ASPECTS

  • Advocate representing Amitoj Singh argued that even after the Motor Vehicles Aggregator guidelines, the safety of the passengers is at risk. 
  • Advocate also raises that the guidelines of this Motor Vehicles Aggregator guidelines is not implemented in Maharashtra state.
  • Advocate demanded there should be stronger enforcement of regulatory measures to enhance safety, including mandatory background checks for drivers, the installation CCTV cameras in vehicles, real-time GPS.
  • This guideline serves as a framework for state and central government to provide licenses to cab service companies to run their business keeping in mind the safety concern. 
  • The petitioner asks for a strong and proper safety measures in favour of the passengers. 
  • The petitioner was asking for the implementation of the already existing rules rather than demanding for a new rule. 
  • And petitioner is also promoting to add criminal and civil wrong liability on the drivers and these companies which is not part of the said rules.

 

CONCLUSION

The Bombay High Court issued a notice to the Central and State governments, along with cab services companies Uber and Ola, in response to the Public Interest Litigation (PIL) concerning passenger safety. The vital concerns raised in the PIL include the poor implementation of safety measures such as mandatory driver background checks, installation of CCTV cameras, GPS tracking. Advocate stressed the need for stronger implementation of these guidelines and the importance of promoting passenger safety. The petition calls for the proper implementation of existing regulations and the addition of criminal and civil liabilities for drivers and cab  companies, which currently not included in the rules.

 

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WRITTEN BY SALIL GAURAV

 

Primelegal Team

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