IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.29558 OF 2018 (GM-RES) PIL BETWEEN:
BANGALORE SOCIETY OF OBSTETRICS & GYNAECOLOGY (BSOG) 16/F API BHAVAN MILLERS TANK BED AREA VASANTHNAGAR BENGALURU – 560 052 REPRESENTED BY DR.HEMA DIVAKAR ... PETITIONER (BY SMT.LAKSHMI T. IYENGAR, SENIOR ADVOCATE FOR SRI:N.GOWTHAM RAGHUNATH AND SIDDHARTHA D.K., ADVOCATES) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT AMBEDKAR VEEDHI BENGALURU – 560 001 2. COMMISSIONER OF TRANSPORT KARNATAKA OFFICE AT 1ST FLOOR ‘A’ BLOCK, TTMC BUILDING SHANTINAGAR BENGALURU – 560 027 3. MINISTRY OF ROAD TRANSPORT TRANSPORT DEPARTMENT 1ST FLOOR, ‘A’ BLOCK TTMC BUILDING, SHANTINAGAR BENGALURU – 560 027 REP. BY ITS PRINCIPAL SECRETARY 4. COMMISSIONER OF POLICE NO.1, INFANTRY ROAD NEXT TO INCOME TAX BUILDING BENGALURU – 560 001 ... RESPONDENTS (BY SRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI.Y.H.VIJAYKUMAR, PRINCIPAL GOVERNMENT ADVOCATE) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO IMPLEMENT RULES WITH IMMEDIATE EFFECT DEACTIVATING THE CHILD LOCK FEATURE IN ALL TAXIS, DIRECT THE RESPONDENTS TO AMEND THE KARNATAKA ON-DEMAND TRANSPORTATION TECHNOLOGY AGGREGATORS RULES, 2016 AND ADD AN ADDITIONAL REQUIREMENT TO DISENGAGE THE CHILD LOCK FEATURE PERMANENTLY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard learned counsel for the parties.
2. This public interest litigation is filed with a prayer to remove the child lock feature in the taxies which ply in the State of Karnataka.
3. Shri A.S.Ponnanna, learned Additional Advocate General, on instructions, submits that the Karnataka On-demand Transportation Technology Aggregators Rules, 2016 (‘the Rules’ for short) have been amended and the State had given time till 16.01.2019 to comply with the amended Rules. According to him, the owners of about 42,000 vehicles have already complied with the Rules and removed the child lock. In respect of remaining taxies, the State shall take appropriate measures to ensure that amended Rules are implemented within a period of three months.
3. The submission of Shri Ponnanna, is placed on record and this writ petition is disposed of with a direction to the State Government to ensure that child lock features are either removed or disabled in taxies within a period of three months from today.
4. In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB