Bengaluru: The Supreme Court recently ordered that the Centre should put in place a regulatory mechanism to make app-based cab aggregators, like Uber and Ola, accountable for crimes against women passengers. On the bright side, Karnataka already has the “On demand Cab aggreagtor rules 2016” that mandates accountability by the cab aggregator.
But till now, none of the sexual harassment complaints by women commuters in Bengaluru has proceeded beyond a police complaint. Cab companies cannot be taken to task because the rules have been challenged by Uber in the High Court last December, bringing in a stay.
“No case / chargesheet can be filed even if there is a crime committed, as the app cab companies are not under the control of the Transport Department and its policies. If any company provides a service and its customer is affected, the legal liability naturally falls on them," pointed out Mr Radakrishna Holla, president, Bangalore Tourist Taxi Operators’ Association.
“Uber and Ola are not registered. If crimes of sexual nature against passengers take place, vehicles tracing has to be done by the police, vehicle documents gathered by the RTO and the 24/7 Call Centre of the cab company must be reachable to provide help, but none of these things happen," he said.
Transport Commissioner B. Dayanand said, “There are several preventive measures in the cab aggregator policy, along with rules mandating legal accountability if there is a breach of security. In my understanding, the cab company is supposed to be held accountable, but the High Court stay has made this impossible to implement.”
Section 11 of the rules reads, “The state transport authority, after giving the licensee an opportunity to be heard, can suspend the license for a minimum 30 days to a maximum of 6 months, if a passenger complaints of misbehaviour or misdemeanour."
It also applies if there is a criminal complaint filed against the licensee/ employer/ driver.
