High Court Seeks Response Of Centre, Delhi Govt On PIL Alleging Traffic Violations By E-Commerce Delivery Riders

The Delhi High Court on Wednesday has sought response of the Central Government and Delhi Government on a public interest litigation alleging traffic violations by e-commerce platform delivery personnel.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela directed the Union Ministry of Road Transport and Highways, Delhi Government's transport department and the Delhi Police to file their responses and listed the matter for hearing on October 08.

The PIL has been filed by a lawyer, Shashank Shri Tripathi. He has alleged that there is widespread, continuing and unchecked violations of the Motor Vehicles Act, 1988, and the Central Motor Vehicles Rules, 1989, by delivery personnel engaged by various e-commerce, food, and service platforms operating in the national capital.

The respondents companies in the plea are Urbanclap, Zomato, Swiggy, Amazon, Zepto, Flipkart, Dominos, McDonalds, Bigbasket and Porter.

During the hearing, Delhi Government's counsel informed Court that to meet the issues raised in the PIL, a policy has been framed and notified on November 21, 2023, titled “The Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023.”

The Court asked the Delhi Government to place the policy and record. It further asked the authorities to indicate the action taken by them in terms of the said policy.

The plea states that there is a need to ensure that systemic and hazardous transportation practices by the e commerce companies are immediately curbed, and that statutory obligations regarding road safety and vehicular compliance are strictly enforced.

“It has been consistently observed that delivery personnel employed or contracted by Respondent No. 4 to 13 are routinely using two-wheeled vehicles to transport oversized, bulky, and excessively heavy items including industrial toolkits, foldable furniture, and commercial-sized delivery boxes. These loads often exceed the permissible dimensions and weight limits under Indian traffic regulations, compromise the stability of vehicles, obstruct the vision of riders, and endanger public safety,” it adds.

Furthermore, the plea contends that various notices and representations were written to the companies and authorities respectively but the response has either been completely absent or wholly inadequate.

It further avers that the delivery ecosystem in urban India cannot be allowed to evolve in a regulatory vacuum that endangers the lives of delivery workers, commuters, and pedestrians alike.

“The Petitioner therefore prays for urgent directions to the respondents to comply with the law, adopt enforceable delivery safety standards, and ensure that their operational models do not incentivize or necessitate routine violations of statutory transportation limits,” it states.

Title: SHASHANK SHRI TRIPATHI v. UNION OF INDIA & OTHERS