Notices invoke IT Act after state says aggregators have flouted EV policy, failed on women's safety, and ignored repeated warnings.
The Maharashtra State Cyber Department has issued notices to Apple and Google, directing them to remove ride-hailing applications Uber, Ola and Rapido from their app stores over alleged illegal bike taxi operations in Maharashtra.
Ola, Uber and Rapido have come under heavy scrutiny in the state over its bike taxi services; with Transport Minister Pratap Sarnaik recently demanding criminal action against company owners.
The notices were issued on May 15 by the Office of the Additional Director General of Police, Maharashtra Cyber, under Section 79(3)(b) of the Information Technology Act, 2000. Apple and Google were instructed to “remove and disable access" to the applications from the App Store and Play Store.
In the notices, Maharashtra Cyber said the bike taxi services offered through the apps were “unlawful and in violation of the existing legal and regulatory framework". Authorities alleged that the platforms were running passenger transport services “without obtaining valid permissions, government approvals, or compliance with the rules and regulations prescribed by the Transport Department and the provisions of the Motor Vehicles Act."
The notices also cited concerns related to passenger safety, alleging that driver verification systems, insurance safeguards, women’s safety measures and emergency response mechanisms were “highly inadequate".
“Recently, a serious incident came to light wherein a bike taxi service operated through one of these applications allegedly resulted in the tragic death of a woman. A criminal case has been registered in this regard," the notices stated. They further claimed that several similar cases had been reported across Maharashtra.
The Cyber Department warned Apple and Google that non-compliance with directions issued by Indian law enforcement agencies could attract legal action under the IT Act and intermediary liability rules.
Earlier in the day Pratap Sarnaik told The Indian Express that the state’s crackdown on illegal bike taxi aggregators was a measure to ensure passenger safety and also part of Maharashtra’s broader Electric Vehicle transport policy to push usage of EV vehicles. He said that the state was keen that vehicles being used to provide bike taxi services are Electric vehicles and not petrol vehicles. He however said that the share of EVs being used to provide bike taxi services is minimal.
He said the government’s priority was clear, stating that “women’s safety is more important than employment,” while referring to recent complaints involving bike taxi riders, including an alleged misconduct case involving a woman passenger and multiple police complaints at police stations.
Sarnaik maintained that the state government is not opposed to bike taxis as a concept, but argued that the current issue lies with aggregators such as Ola, Uber and Rapido. He alleged that they have failed to comply with Maharashtra’s EV bike taxi policy framework despite being given temporary permissions to regularise operations and submit required documents.
According to him, the state had already permitted electric bike taxis and issued temporary one-month permissions to aggregators to complete documentation and formalities. However, he said “they have not submitted a single document yet,” and added that they continue operating “thousands of illegal bike taxis on roads, many of them petrol-powered despite the policy allowing only EV bike taxis.”
Sarnaik also referred to a scheme allegedly introduced by Rapido, saying riders were being told the company would reimburse fines imposed during RTO inspections. He described the practice as encouraging continued operations despite enforcement action.
“Rapido has also initiated a new scheme. They’ve told their riders that if the RTO officials conduct inspections on you, you pay the Rs 200 to Rs 500 fine. Later, provide us with a receipt of this challan and we will reimburse you the money.”
The minister said the transport department has now approached the Cybercrime department seeking action against the apps themselves, adding, “If we shut down the app, then the illegal taxis will be shut down.
Source: Indian Express
