If you are stuck in such a situation, here is what to do.

Mr. Sameer Joshi, a resident of the bustling city of Aryavarta, works as a bike taxi rider for a popular app-based service, ‘SwiftGo’. For months, he and his colleagues have faced escalating tensions and harassment from members of the local auto-rickshaw union, who claim their operations are illegal. The core of the problem lies in the State of Navpradesh’s failure to formulate a clear policy regarding the use of private two-wheelers for commercial transport. The ambiguity has created a volatile situation on the streets. Aggregator companies like ‘SwiftGo’ and ‘ZoomRide’, along with the auto-rickshaw unions, filed petitions in the High Court of Navpradesh. Taking serious note of the public safety risks and the “precarious situation” faced by commuters and riders, the High Court has now issued a stern directive to the state government, giving them a firm deadline to finalize and implement a comprehensive bike taxi policy. The court observed that the administrative vacuum could not be allowed to continue when livelihoods and public safety were at stake.

Advice in such cases

• Document Everything: Keep a detailed record of all incidents, including dates, times, locations, and specifics of any harassment or obstruction you face.
• Stay Informed: Keep yourself updated on the developments in the ongoing court case and any announcements from the government regarding the new policy.
• Avoid Confrontation: Do not engage in heated arguments or physical altercations. Your personal safety should always be the top priority.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation primarily involves regulations under the Motor Vehicles Act, 1988, and the rules framed by the State of Navpradesh. The central legal question is the permissibility of using a privately registered vehicle (with a white number plate) for commercial fare-collection purposes.

In instances of direct harassment, threats, or physical obstruction by rival transport unions, specific provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, may be invoked:

• Provisions related to Wrongful Restraint: For unlawfully obstructing a rider from proceeding in any direction in which they have a right to proceed.
• Provisions related to Criminal Intimidation: For threatening a rider with injury to their person, property, or reputation with the intent to cause alarm.

If you are the complainant

If you represent a company or an organization seeking policy clarity, the following steps are advisable:

• File a Writ Petition: As was done in this case, approaching the High Court under Article 226 of the Constitution to issue a writ of mandamus, compelling the government to perform its statutory duty, is the appropriate legal course.
• Present Strong Evidence: Support your petition with data on economic impact, employment generation, public convenience, and safety measures your platform has implemented.
• Seek Interim Protection: You can request the court for interim orders to protect your business operations and partners from harassment while the policy is being finalized.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are an individual rider facing harassment on the ground, consider these actions:

• Report to the Police: Immediately report any incident of threat, assault, or unlawful obstruction to the nearest police station. Provide them with any evidence you have, such as mobile phone video recordings.
• Inform Your Company: Keep your aggregator company informed about every incident. Your reports can be used as evidence in their ongoing legal battle.
• Unite with Other Riders: Forming a collective or association with other riders can provide mutual support and a stronger voice when addressing concerns with the company or authorities.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police are often in a difficult position in such cases due to the lack of legal and policy clarity. They might be hesitant to register a First Information Report (FIR), sometimes dismissing the issue as a business rivalry or a civil matter. They may attempt to mediate on the spot rather than initiating formal legal proceedings. However, in the event of a clear cognizable offense under the BNS, such as assault or causing hurt, they are legally obligated to register an FIR and investigate as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

What evidence is required?

For an individual rider facing harassment, crucial evidence includes:

• Video or audio recordings of the incident.
• Photographs of any damage to the vehicle.
• Contact information of any eyewitnesses.
• A formal written complaint detailing the sequence of events.

For a company involved in litigation, evidence would include official communications with the transport department, existing licenses or permits, operational data, and a compilation of incident reports from its riders.

How long will the investigation take?

A police investigation into a specific criminal complaint of harassment or assault must follow the timelines prescribed under the BNSS. However, the resolution of the larger policy issue was uncertain until the High Court’s intervention. The court’s deadline will now significantly speed up the policy-making process. Even so, the complete resolution, including the notification of the new policy and any subsequent legal challenges, may still take several months.

Advocate Sudhir Rao, Supreme Court of India