BENGALURU, 20 AUG

The Karnataka High Court on Wednesday came down on the State government’s ban on bike taxis, calling its arguments against the service “thin” and "legally untenable".

Chief Justice Vibhu Bakhru, heading the bench, noted that bike taxis are permitted in at least 13 states across the country and have emerged as a lawful and essential mode of urban transport.

He observed that such services are not a luxury but a necessity.

The division bench questioned the government over its decision to impose what the court termed a “de facto prohibition” on the bike taxi business, observing that a legitimate trade cannot be banned outright under the Constitution. During the hearing, the bench noted that while the state is free to regulate the sector, regulation cannot translate into an outright ban.

Rejecting the government’s stance that the Motor Vehicles Act prohibits bike taxis, the court asked the government to reconsider its ban as there were “lives at stake”.

“A mere lack of regulation cannot be the basis for a blanket ban that deprives thousands of their right to work under Article 19(1)(g) of the Constitution,” the Chief Justice remarked.

The court also asked the Advocate General (AG) to ensure that no coercive or punitive action is taken against bike taxi operators in the interim.

The AG informed the bench that the issue of framing a policy for bike taxis would be taken up at the “highest level” of the government.

“A blanket prohibition is unconstitutional since bike taxis are a legitimate business. In the absence of regulations, the business cannot be treated as illegal and should be allowed. The ban is therefore arbitrary, unreasonable, and violative of Articles 14 and 19(1)(g),” the bench noted. 

The matter has now been posted for further hearing on 22 September.