Delhi HC questions centre's policy on exemption of panic buttons in autos
New Delhi: The Delhi High Court on Friday questioned the Centre's 2016 policy to exempt auto rickshaws and e-rickshaws across India from having panic buttons or General Packet Radio Service (GPRS), saying how it can have such a scheme "in an atmosphere where people are getting raped".
The high court also said that "for once", the Centre must agree with the Delhi government which has made it mandatory for auto rickshaws to have Global Positioning System (GPS) or GPRS system under its public transport policy of 2010.
The observation by Justice Rajiv Shakdher came while hearing a plea by a trade union of auto rickshaws plying in the national capital seeking exemption from having GPS or GPRS systems, used for tracking vehicle location, in the three-wheelers.
"Why are three-wheelers and e-rickshaws exempted in the present environment? In an atmosphere where people are getting raped, you are saying you don't want panic buttons or GPS or GPRS systems. For once, you (Centre) must agree with them (Delhi government) that auto rickshaws and e-rickshaws need GPS or GPRS system," the court observed.
The court also issued a notice to the Centre, AAP government and Delhi Integrated Multi-Modal Transit System (DIMTS) Limited and sought their stand on the plea by the next date of hearing.
The trade union, represented by advocate Barun Kumar Sinha, told the court that while a 2010 notification of the Delhi government makes it mandatory for them to have GPS or GPRS, the central government notification of 2016 exempts them from the requirement.
Taking note of the submission, the court asked central government standing counsel Anurag Ahluwalia to take instructions on whether the Centre's notification would come in the way of the one by the Delhi government.
While asking for the clarification from the Centre, the court said if its policy will occupy the field then the same will have to be examined.
Ahluwalia told the court that the Delhi government will have to say whether it will follow the central government notification, which will come into effect from April 1, 2018.
The court, thereafter, asked the Delhi government whether its notification continues to remain in operation subsequent to the Centre's scheme.
Apart from seeking exemption from installing GPS or GPRS system in their vehicles, the auto rickshaw trade union has as an alternative sought to regulate the mechanism.
It has claimed that despite charging the auto rickshaws for setting up a GPS control centre, the Delhi government has not yet set up any such system.
