Jun 23, 2023: Bike taxis in Delhi: A rollercoaster ride of bans and appeals, Supreme Court comes to a decision. Keep reading to know more!
The Delhi High Court's ruling extending the prohibition on bike taxis in the city was overturned by a vacation bench of the Supreme Court on June 12.
This directive, which was initially issued by the transport department of the Indian capital, effectively amounts to a ban on bike taxis in Delhi. Despite warnings from Rapido and Uber that many people working as bike taxi drivers would lose their jobs, the supreme court approved the ruling.
What is a vacation bench of the Supreme Court?
The vacation bench in the Supreme Court refers to a smaller group of judges who hear and decide on urgent or important matters during the court's vacation period. The vacation bench is typically constituted when the court is not in regular session, such as during holidays or summer vacations when the regular judges are on leave. The purpose of the vacation bench is to ensure that important legal matters can be addressed and resolved in a timely manner, even when the court is not operating at full capacity.
Are bike taxis not legal in all the States in India?
In some states, it's okay to use bikes as taxis if the government has rules for it. But in states where there are no rules for bike taxis, it's not allowed and considered illegal.
In the case of the Delhi government, they said they would soon make rules for bike taxis. Until those rules are made, bike taxis cannot take people for rides and charge money without special permission or a license.
The Delhi Transport Department had issued this order since they believe using two-wheelers to carry passengers goes against the Indian Law. The Motor Vehicle Act, 1988, states that private vehicles cannot be used for commercial operations in India.
A transport department official told The Indian Express that in the current regulations for vehicles in the capital, there is no provision to allow bikes to be used as commercial vehicles.
As per the existing rules, taxi services are those in which there is a driver and can carry more than one passenger. Under the rule, in National Capital Region, (NCR) only four-wheeler cabs, auto-rickshaws, and e-rickshaws are permitted, and not bikes, added the official.
“It has been brought to the notice that two-wheelers having non-transport (private) registration mark/numbers are being used to carry passengers on hire which is purely commercial operation and a violation of Motor Vehicle Act, 1988.” stated the officials.
So, basically, some states have special rules that allow bike taxis, while others don't. The Delhi government is working on making those rules, but until then, bike taxis cannot give rides for money without permission or a license.
Bike taxis have been legal in various Indian states for a while. For instance, Goa has allowed bike taxis since 1981. More than 12 states have now developed regulations allowing the licensing of two-wheelers as taxis, including Punjab, Haryana, Bihar, Jharkhand, and Madhya Pradesh.
However, many states, including Maharashtra and Karnataka, are debating this policy at various levels.
The entire situation in a nutshell -
The government of Delhi issued an order saying that using regular motorcycles for giving rides to people as a business is not allowed. This order affected companies like Rapido, Uber, and Ola who connect people who need a ride with motorcycle drivers and take a commission.
Rapido and Uber challenged this order in the Delhi High Court, saying that the government should have a proper policy for them to follow. The Delhi government said they were working on such a policy, and the court agreed to temporarily stop the order until the policy is ready.
However, the Delhi government took the case to the Supreme Court, arguing that the motorcycle companies were operating without the necessary license and violating the law. The aggregators said they had no choice but to continue their business since there was no clear policy from the Delhi government yet. They also said that banning bike taxis could affect the livelihoods of many operators.
The Supreme Court decided that since the Delhi government was working on a policy, they didn't need to pass an interim order to stop the ban. The court also noted that the bike taxi operators themselves were not part of the case, so their concerns couldn't be considered by the aggregators.
An interim order is a temporary decision or ruling issued by a court before a final judgment is made in a case. It is meant to provide temporary relief or guidance until a final decision is reached. Interim orders are often issued when there is an urgent matter that needs immediate attention
In the end, the Supreme Court lifted the temporary ban on bike taxis that was previously ordered by the Delhi High Court.