SC to examine if Uber, Ola can be held liable for crime committed by drivers

Satya Prakash

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Tribune News Service

New Delhi, October 12

Concerned over safety of women, the Supreme Court on Thursday decided to examine Uber, Ola and other app-based taxi services can be held liable for crime committed by their drivers.

A bench headed by Justice MB Lokur – which agreed to consider a plea demanding a regulatory mechanism for public transport service providers – would take up the issue on December 7.

Senior advocate Indira Jaising – who is assisting the bench as amicus curiae on the issue of disbursement of compensation to rape victims under Nirbhaya Fund – said security of women was a concern in public transport services run by government and private players alike.

Additional solicitor general Pinky Anand said she would present the government’s response on the next date.

Nirbhaya Fund was announced by the then UPA government in 2013 in the aftermath of the sensational December 16, 2012 gangrape and murder of a paramedic student in Delhi. It was meant to support initiatives of the government and NGOs working for women’s safety.

App-based taxis had become a common mode of transportation in every state, Jaising said and pointed out that there was no uniform regime to regulate them.

“The problem is that the headquarters of these companies are abroad and there is no way to hold them answerable if their drivers or vehicles are involved in a crime,” Jaising submitted.  

She said there was a ban on Uber in London because the company was not subjecting itself to the court’s jurisdiction there and India also needed to have such regulation.

The top court asked National Legal Services Authority (NALSA) to draft model victim compensation scheme for rape survivors for a uniform disbursal policy.