‘Pro-Active Awareness Drives, Stricter Laws Needed For Road Safety’
Suraj Pandey, a lawyer at Allahabad High Court, says even strict BNS provisions for reckless & underage driving are not enough. More is needed to control the menace. His views:
The recent hit and run case in Vadodara where a woman was killed and the accused was shamelessly seen asking for ‘another round’ has yet again brought the issue of road safety to public attention. A similar case happened in Pune last year where in a similar hit and run case, the minor accused was, as punishment, asked to write an essay on road safety, causing public outrage. Such incidents have become a routine pattern: death of innocent public users, nation outrage and then in a matter of weeks the business as usual.
Though the new provisions in the Bharatiya Nyay Sanhita have upgraded the punishment for drunk, underage and reckless driving, the same need to be relooked, scrutinized afresh and as per the need of the hour, the severity should be increased.
Under the BNS, rash & negligent driving, causing death due to negligence, and underage driving invite a punishment ranging between six months to ten years added with a nominal monetary fine (that is affordable to a car owner these days). This could not be termed a revolutionary change that can incite fear in the law breakers and potential law breakers; in the previous IPC it similarly ranged between six months to two years with an affordable monetary fine. In western and developed countries like the USA, UK, beside other Commonwealth countries, these offences come under the category of serious crimes and often invite severe to very severe punishment that, in a way, set examples for other road users in society.
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Enforcement of the law is another loophole that needs to be plugged. The question remains: Can the amended laws, if enforced with full vigor, deter reckless drivers and reduce fatal road accidents to protect the right to life guaranteed under the Indian Constitution, or should these be toned down with respect to the punishment awarded? Also, with an uncontrolled growth in the number of vehicles hitting the Indians roads every day, along with a stringent law, the Executive and the Legislature should also duty bound to consider the delicate balance of right to life and personal liberty of an accused.
In addition, the enforcement and administrative agencies, along with effective indulgence and participation of all sections of the society, need to take up some more social and stringent steps to educate everyone. Though it could well be a far-fetched but not next to be feasible, drives and campaigns should be a regular and routine part of the police and educational institutions especially in and around festivals and events of social gatherings and celebrations. For example, like the frequent and popular skits and ads regarding cancer awareness before and between movies, road safety and cautions regarding driving vehicles should also be made a part of it.
Though the new law has, in a way, enhanced the available options for the perpetrators to be punished or cautioned, it needs to be implemented more strictly to send a strong message to the society and the defaulters at large.
As told to Rajat Rai
