On Complaint By Visually Impaired Individual, Court Of CCPD Asks Ola Cabs To Make Its App Accessible To Persons With Disabilities

The complaint highlighted various accessibility barriers encountered while accessing the Ola app, including unorganized services, lack of labeled buttons, inaccessible images, and absence of an embedded accessibility framework.

In response to the complaint, Chief Commissioner Rajesh Aggarwal recommended several measures to be undertaken by Ola Cabs. These measures include,

“(a) Allow users to disclose their disability in their profile alerting their partners/drivers, if their next booking involves passengers with disabilities. The alerts can be sent in appropriate and sensitive graphics in addition to text or pop-up messages. Appropriate monitoring mechanisms should be put in place for monitoring unfair cancelations of bookings made by the PwD passengers ;

(b) Design and conduct appropriate training programs for the drivers on their joining the aggregator to sensitize them about the needs of persons with disabilities and train them on handling passengers with different types of disabilities.

(c) Appointment of an accessibility auditor and a nodal/grievance redressal officer;

(d) A clear direction from the CEO that all existing features will be made accessible and new features will be rolled out only after ensuring accessibility;

(e) Full compliance with IS 17802 and submission of an undertaking in this regard;

(f) Annual self-certification of continued compliance with accessibility standards to be signed by the CEO/an Independent Director which should be produced to this Court upon requisition.”

The complaint highlighted the violation and non-adherence to accessibility provisions outlined in the Rights of Persons with Disabilities Act, 2016, and its corresponding Rules by M/s Ani Technologies Private Limited, Bangalore, referred to as the Respondent.

According to the complaint, the respondent, a private company registered under the Companies Act, 2013, operates under the brand name "Ola," India's leading mobility platform. The Ola app connects customers with drivers and various vehicles, including bikes, auto-rickshaws, metered taxis, and cabs, offering convenience and transparency to millions of consumers and over 1.5 million driver-partners.

The complainant stated an inability to effectively utilize the Ola IOS application due to numerous accessibility barriers, including:

(a) The services offered on the app such as cab bookings, auto bookings, and bike bookings, are thoroughly unorganized and completely inaccessible with a screen reading software. Some buttons are not labeled at all. Some others have nonsensical labels;

(b) Multiple elements are clubbed together which prevents screen reader users from selecting a given service and operating functionality of the app;

(c) Many images do not have the alt text which makes images completely inaccessible for persons with blindness:

(d) Banners have no meaningful text which is confusing in terms of accessibility;

(e) The app has no accessibility framework embedded which prevents persons with blindness from operating the app;

(f) Persons with blindness are not able to select pick-up location and destination from the search results as that is not announced by the screen reader;

(g) Owing to all of these barriers combined, the experience of accessing the app for the Complainant is akin to a sighted person being required to access an app in a foreign language that she does not understand.

The complainant further alleged that despite the implementation of the Act on April 19, 2017, and the notification of Rules on June 15, 2017, the app remained inaccessible.

In its response dated 22.12.2022, Ola Cabs clarified that the guidelines in question are specifically aimed at government websites and portals, from the Central Government down to Village Panchayats, and are not legally binding on private organizations like theirs.

Regarding accessibility features, the company asserted that their App does offer some features for general use, although they acknowledged the need for further improvements. They assured that as a customer-centric entity, they have already begun the process of enhancing these features. However, due to technical complexities and a phased approach to implementation, they requested an additional 9-month period to fully integrate the necessary features into their app.

In the initial online hearing, the Complainant highlighted the lengthy process required to enhance the accessibility of the Respondent's 'Ola' mobile app for Persons with Disabilities (PWDs). The Court endorsed the Complainant's initial observations and urged the Respondent to prioritize making crucial features like pickup & drop location and driver information accessible to PWDs, enabling them to use the app independently. Additionally, the Court advised the Respondent to collaborate with the Complainant to identify accessibility issues and devise a roadmap for ensuring full app accessibility for PWDs.

During the subsequent hearing, the Court emphasized the urgency of making essential app features accessible to visually impaired users within two weeks. It mandated the Respondent to conduct thorough testing involving blind and low vision individuals, comparing their app's accessibility with competitors'.

At the third hearing, the Respondent reported progress following meetings with the Complainant and internal staff. However, concerns remained, particularly regarding the app's functionality on iOS devices. Despite improvements, issues persisted, such as inaccessible search result options. The Court acknowledged the efforts but expressed apprehension over the sluggish pace of progress. Consequently, it directed the Respondent to ensure comprehensive app accessibility by December 15, 2023, following an audit by a certified accessibility professional.

In an email dated 14th November 2023, the complainant raised concerns regarding a video depicting smartphone usage by a sighted individual. They pointed out that the method demonstrated, such as navigating and typing, does not align with the typical usage of a screen reader by a blind person. Specifically, they noted that the precise finger positioning observed in the video contradicts the usual tactile exploration of letters when typing. Even the most proficient blind smartphone users worldwide lack such precision. Therefore, the complainant emphasized the importance of involving individuals with visual impairments in video production.

Furthermore, the complainant highlighted the ongoing issue regarding the flexibility in selecting pick-up and drop-off locations, which has hindered individuals with visual impairments from booking rides effectively since the inception of the service.

As a remedy, the complainant urged the respondent to commission a comprehensive accessibility audit conducted by certified accessibility professionals endorsed by the International Association of Accessibility Professionals, holding the designation of "Certified Professional on Web Accessibility."

Upon considering the facts of the case and the submission of the parties, the Court opined, “the Respondent has shown its willingness and commitment to making their App accessible to the PwDs. They have made significant strides towards the same during the pendency of this case.”

Accordingly, the case was disposed of.

Click Here To Read The Order