After the government ban on app-based taxi service Uber in Delhi, there is confusion over the legality of the decision as there is no law under which the transport department can regulate such a service.
The Radio Taxi Scheme, 2006 made by the Delhi Government may be inapplicable in the case of Uber as it does not own the fleet of taxis, neither does it take bookings by radio.
Former Delhi HC judge RS Sodhi said, “It’s a company which is rendering a service. The legal position is that it is bound to give the service it is promising. If it defaults in any of it, it can be taken to task like any other. It’s for us to evaluate our own loss in a more meaningful manner; and take action accordingly.”
He, however, said, “Ban is not necessary because of the unacceptable actions of one driver. It would wipe out a company whose services are being used by many who are satisfied. We have to ensure that the norms with which they are dealt with are strictly enforced.”
Senior advocate Shanti Bhushan said, “There has been a deficiency in background checking of the driver. The company is creating an impression that they are providing trusted drivers and therefore if one books a taxi with them one is booking a safe ride.
“It’s their responsibility to see that these drivers are not criminals. Anyone who runs this kind of service must take the responsibility of ensuring that the drivers are background checked,” Bhushan added.
Lawyer and activist Karuna Nundy said the company should have been registered in India. “In any case they are subject to civil and criminal laws of India. Since Uber is claiming prominently that it is providing safe service, the company will be liable for deficiency of failed services.”