Karnataka bike taxi ban: 'Give it a serious thought, there are lives at stake,' HC tells govt

Bike taxi

Karnataka High Court on Wednesday pulled up the state government over its blanket ban on bike taxis, asking why the mode of transport could not be regulated instead of prohibited.

A division bench of Chief Justice Vibhu Bakhru and Justice CM Joshi, hearing appeals filed by Ola, Uber and Rapido, observed: “Give it a serious thought, there are lives at stake here. Every trade is permissible unless regulated. This (bike taxi) is not res extra commercium.”

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The court questioned why the government had chosen a complete ban instead of regulation. “Today even e-bikes are not allowed. Now a complete legitimate trade is prohibited. So long as you are permitting a service, you can regulate it. The question is whether regulation would entail complete prohibition?” the judges remarked.

Advocate General Shashi Kiran Shetty said the government will take a 'conscious decision' on whether to make a policy, but is not, for now, considering guidelines for bike taxis.

He cited traffic congestion concerns in Bengaluru, but the bench countered: “Your arguments run contrary to your policy of last mile connectivity. Is there material to show that this bike is causing congestion? Is it according to you that auto will cause less congestion?”.  The AG replied that Bengaluru has about six lakh bike taxis, justifying the ban.

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The court said it will not interfere in policy but will test if the government’s move is arbitrary or mala fide. “We don’t have to be satisfied with the policy, only whether it is arbitrary,” the bench noted, deferring the matter to September 22.

The judges recorded that the state must give 'serious thought' to the concerns before deciding whether bike taxis can operate in Karnataka. The court noted that bike taxis are legally permitted in 13 states, calling it a recognised trade protected under Article 19(1)(g), and orally asked the AG to ensure no coercive action is taken against operators.

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