‘Unaware of ground realities’: Karnataka High Court’s bike taxi ban challenged, petitioners cite fundamental rights

Two individual bike owners on Tuesday challenged the Karnataka High Court’s single judge bench order that recently banned bike taxis in the state.

The petitioners, represented by senior advocate Dhyan Chinnappa, argued that the Karnataka government cannot infringe upon the fundamental right to carry on a business or choose a bike taxi over the metro or a bus.

They argued that the prohibition not only contradicts provisions in the Motor Vehicles Act but also severely impacts both their livelihood and public convenience.

Court order bans bike taxis

In April, a single-judge bench of the Karnataka High Court ruled that bike taxis cannot be permitted to operate without proper notification of guidelines under Section 93 of the Motor Vehicles Act.

It also barred the state Transport Department from registering motorcycles as transport vehicles or issuing them contract carriage permits.

The ban order was to be implemented from June 16 after a six-week grace period.

“The law enables registration of two-wheelers as transport vehicles. If the statute allows it, the state cannot override it by denying registration or permits,” Chinnappa said in the court.

The contract carriage includes various types of vehicles, including motor cabs, which can range from two to six seaters, he added.

Chinnappa further argued that the stoppage of bike taxis over the past 7-10 days had led to chaos for everyday commuters. “News reports have shown how disastrous this ban has been for the public. The state seems completely unaware of the ground realities,” he said.

“If there are safety concerns, the state should address them through policy -- not by outright prohibition,” he said.

The bench also heard appeals filed by aggregators Ola, Uber, and Rapido against the ban order.

“A blanket refusal to register an entire class of vehicles -- like motorcycles -- is not backed by the Motor Vehicles Act. The State cannot selectively disable a class by denying permits,” he argued.

The high court has scheduled the matter for the next hearing on June 25.