The Uber outrage: What the government can and needs to do...immediately - Newskarntaka.com
The tragic and shocking rape of a 25 year old MNC employee by an Uber taxi driver in north Delhi’s Sarai Rohilla area late on Friday night has created a storm in the country, as most professionals who work and party late in Metros and tier II cities across, use Uber and other radio taxi services like it, to commute.
The victim, a woman who works for a finance company in Gurgaon, told police she boarded the Uber cab at 9.30pm from south Delhi’s Vasant Vihar, where she had gone for a party with friends.
She was raped at an isolated place between Sarai Rohilla and Inderlok, police said, adding the cabbie threatened to kill and sexually assault her with a rod if she resisted him. He dropped her home after the attack.
The victim, a woman who works for a finance company in Gurgaon, told police she boarded the Uber cab at 9.30pm from south Delhi’s Vasant Vihar, where she had gone for a party with friends.
She was raped at an isolated place between Sarai Rohilla and Inderlok, police said, adding the cabbie threatened to kill and sexually assault her with a rod if she resisted him. He dropped her home after the attack.
Madhur Verma, DCP (north), said a medical exam had confirmed rape and an FIR lodged, and the perpetrator, Shiv Kumar Yadav arrested, and sent to judicial custody for three days till Dec 11th.
Ban on Uber
In a knee jerk reaction to the incident, Uber has been banned in the capital, Hyderabad and as of yesterday, Bengaluru.
Ban on Uber
In a knee jerk reaction to the incident, Uber has been banned in the capital, Hyderabad and as of yesterday, Bengaluru.
Surprisingly, the Uber service continues to operate and thrive in the capital with the app still available, and the drivers blissfully unaware of the ban enforcement, as proved by a Headlines Today sting operation aired yesterday
Strangely, the Union Transport Minister said that a ban is not the solution. Gadkari must necessarily be conscious of the fact, that a ban can affect both commuters, who have grown to rely on these type of services in the absence of safe and effective public transport, and the many unemployed youth who have found a calling that enables them earn a livelihood with dignity.
Meanwhile Allan Penn, Uber’s Asia head, who is slated to join the probe at the request of the Delhi Police, confirmed that the app is still on in an interview to an Indian daily.
Uber’s modus operandi
Strangely, the Union Transport Minister said that a ban is not the solution. Gadkari must necessarily be conscious of the fact, that a ban can affect both commuters, who have grown to rely on these type of services in the absence of safe and effective public transport, and the many unemployed youth who have found a calling that enables them earn a livelihood with dignity.
Meanwhile Allan Penn, Uber’s Asia head, who is slated to join the probe at the request of the Delhi Police, confirmed that the app is still on in an interview to an Indian daily.
Uber’s modus operandi
Founded in 2009 and available in 212 cities and 45 countries, including 11 in India, Uber is a smartphone app that connects passengers to drivers with vehicles for hire. All hiring and payment goes through Uber and not the driver Drivers must have a valid license as well as the commercial licenses to drive professionally in whichever city they operate in.
Passengers choose which kind of car service they’d like to request on the app, then plug in their location and in some cases, destination addresses. The app then alerts the customer when a car has been confirmed, and shows the driver’s name and license plate number while also displaying the driver’s route and estimated time of arrival. Riders then tell the driver where to go if that info isn’t already in the system, and then a receipt is emailed to the customer after the trip has completed. Passengers and drivers rate each other, as an incentive to be both good customers and provide feedback on drivers.
Uber sets the fares for each service in each city based on its own formula calculated using either a per mile rate or a per minute rate, on top of a base fare. Passengers don’t need to tip, as the gratuity is included in the entire fare. When demand for a car is high — during inclement weather or rush hours — customers are alerted of “Surge Pricing,” which the company says is a way to incentivize more drivers to get on the streets to accommodate all those customers.
Passengers also have the option to split the fare with other riders they’re in the car with, by selecting a pool option in the app.
Passengers choose which kind of car service they’d like to request on the app, then plug in their location and in some cases, destination addresses. The app then alerts the customer when a car has been confirmed, and shows the driver’s name and license plate number while also displaying the driver’s route and estimated time of arrival. Riders then tell the driver where to go if that info isn’t already in the system, and then a receipt is emailed to the customer after the trip has completed. Passengers and drivers rate each other, as an incentive to be both good customers and provide feedback on drivers.
Uber sets the fares for each service in each city based on its own formula calculated using either a per mile rate or a per minute rate, on top of a base fare. Passengers don’t need to tip, as the gratuity is included in the entire fare. When demand for a car is high — during inclement weather or rush hours — customers are alerted of “Surge Pricing,” which the company says is a way to incentivize more drivers to get on the streets to accommodate all those customers.
Passengers also have the option to split the fare with other riders they’re in the car with, by selecting a pool option in the app.
A history sheeter
The Uber taxi service driver Shiv Kumar Yadav, has a history of grave misconduct, that came to light, post the rape incident. Hailing from Mathura in UP, he is the son of a retired Headmaster. After marrying his elder brother’s widow, he moved to Delhi. Earlier he was disowned by his family for a string of anti social activities in his village and surroundings where it is reported he has harassed nearly 11 women.
In 2003, he was booked for molestation and assault and charged under the Goonda act, in 2006 he was booked for carrying illegal firearms, in 2008 he was booked under the Goonda act, in 2009 he was again booked under the Goonda Act, while in 2011 in a case that was resolved through an out of court settlement, after he had spent 7 months in Tihar jail, he was booked for molestation and assault, while in 2013 he was again booked for molestation and assault and in 2014, now for rape and assault.
Allan Penn describes the limited safety orientation of the Uber service iin an interview to the Hindustan Times thus.
In 2003, he was booked for molestation and assault and charged under the Goonda act, in 2006 he was booked for carrying illegal firearms, in 2008 he was booked under the Goonda act, in 2009 he was again booked under the Goonda Act, while in 2011 in a case that was resolved through an out of court settlement, after he had spent 7 months in Tihar jail, he was booked for molestation and assault, while in 2013 he was again booked for molestation and assault and in 2014, now for rape and assault.
Allan Penn describes the limited safety orientation of the Uber service iin an interview to the Hindustan Times thus.
“We check drivers license, commercial vehicle registration and banking information. We get that for all the drivers. We have had frequent communication with the police and we hope justice is brought. We know the documents that are required. All payments to drivers are made electronically to their bank accounts. Banks have KYC for all account holders. We will see what else can we do. We will continue to improve”
Deval Delivala from Uber’s delhi operations added, “We check vehicles and its condition. We check all documents and have an entire checklist that is followed”.
They however do not comment on a complaint received earlier in the year by email from a US based lady, regarding the same driver when she had travelled by his cab. No action was taken on the complaint which points to a fault in their feedback and corrective systems, something they seem to be proud of without a reality check.
The solution, if there is one…
Deval Delivala from Uber’s delhi operations added, “We check vehicles and its condition. We check all documents and have an entire checklist that is followed”.
They however do not comment on a complaint received earlier in the year by email from a US based lady, regarding the same driver when she had travelled by his cab. No action was taken on the complaint which points to a fault in their feedback and corrective systems, something they seem to be proud of without a reality check.
The solution, if there is one…
The incident, the confused reaction on the part of the government and staunch defense by the company of its practices raises several questions, the various legal challenges, the company is facing around the world notwithstanding
Is Uber a taxi company or a taxi aggregator?
Is Uber a taxi company or a taxi aggregator?
The company says it’s a technology based company that brings drivers who own taxis in touch with commuters, – something which was happening earlier, through previous and networked contacts. They are now brought together through technology, through an app which makes the relationship transparent, public and benefits both the unemployed youth and the commuter. It’s analogous to Amul! Which brings dairy farmers together under one brand and adds value in a similar manner.
Fine so far… however there is no regulatory framework for this new fangled idea, and there are no built in safe guards for the behavior of the drivers who ferry people around. As Gadkari says, and this is reiterated by Allan Penn, banning is not a solution as the service has more benefits for its stake holders than downsides. However, a regulatory framework and safety guards must be built in into the system.
A second question that arises is who is responsible for the behavior of the drivers of its taxi services? And can the police provide companies with a fool proof real time background check?
Police and government cannot shrug their shoulders and shift the entire blame for verification of the driver’s antecedents on to a private company, especially in a country, where private investigators, are not licensed to operate. They have to rely on the police for back ground checks.
The Company can apply for police background checks to the only agency empowered to do so in India, but the problem is two fold. The police information system is inept and not networked through out the country and within itself among different departments. Consequently, if FIR’s are registered, a person arrested, convicted, has served time etc in different states, the police are not in a position to collate this information instantly and provide feed back to households seeking to verify antecedents of domestic maids, tenants or for that matter a company seeking to verify the background of employees.
In the wake of the 26/11 attacks the then UPA government, with Chidambaram as the home minister had proposed two bodies, the NATGRID and the NCTC, with the intention of collating information into a central database for instant retrieval, albeit with the objective to control terror activities. While the former has partially taken off, the second was stillborn with politically motivated opposition of the states. It however points the way forward.
What the government needs to do… immediately
Law and order is a state subject and with the lack of last mile connectivity, language differentials, and power deficiencies, creating a national police grid, while the need of the hour, is a major challenge, in terms of logistics, legalese and privacy issues. In the absence of this grid, it is very difficult for the police force to provide immediate feedback on such requests.
While this does not absolve of the company of responsibility of its driver’s behavior on the road, it does throw a spanner in the works of those who seek to shift the blame entirely on the taxi aggregator.
I believe that efforts must be made to take the states on board and build a national police grid to improve policing and to facilitate prevention and control of crime. This is the immediate responsibility of the government.
Technology, effective implementation of a yet to be framed regulatory network and of course, a change in the male mindset is the key to avoiding a tragedy such as the one that occurred on the roads of Delhi on Friday.
Fine so far… however there is no regulatory framework for this new fangled idea, and there are no built in safe guards for the behavior of the drivers who ferry people around. As Gadkari says, and this is reiterated by Allan Penn, banning is not a solution as the service has more benefits for its stake holders than downsides. However, a regulatory framework and safety guards must be built in into the system.
A second question that arises is who is responsible for the behavior of the drivers of its taxi services? And can the police provide companies with a fool proof real time background check?
Police and government cannot shrug their shoulders and shift the entire blame for verification of the driver’s antecedents on to a private company, especially in a country, where private investigators, are not licensed to operate. They have to rely on the police for back ground checks.
The Company can apply for police background checks to the only agency empowered to do so in India, but the problem is two fold. The police information system is inept and not networked through out the country and within itself among different departments. Consequently, if FIR’s are registered, a person arrested, convicted, has served time etc in different states, the police are not in a position to collate this information instantly and provide feed back to households seeking to verify antecedents of domestic maids, tenants or for that matter a company seeking to verify the background of employees.
In the wake of the 26/11 attacks the then UPA government, with Chidambaram as the home minister had proposed two bodies, the NATGRID and the NCTC, with the intention of collating information into a central database for instant retrieval, albeit with the objective to control terror activities. While the former has partially taken off, the second was stillborn with politically motivated opposition of the states. It however points the way forward.
What the government needs to do… immediately
Law and order is a state subject and with the lack of last mile connectivity, language differentials, and power deficiencies, creating a national police grid, while the need of the hour, is a major challenge, in terms of logistics, legalese and privacy issues. In the absence of this grid, it is very difficult for the police force to provide immediate feedback on such requests.
While this does not absolve of the company of responsibility of its driver’s behavior on the road, it does throw a spanner in the works of those who seek to shift the blame entirely on the taxi aggregator.
I believe that efforts must be made to take the states on board and build a national police grid to improve policing and to facilitate prevention and control of crime. This is the immediate responsibility of the government.
Technology, effective implementation of a yet to be framed regulatory network and of course, a change in the male mindset is the key to avoiding a tragedy such as the one that occurred on the roads of Delhi on Friday.
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