Stringent laws are required to prevent road traffic accidents

Ashim Chamuah

(ashimchamuah@gmail.com)

Massive human lives lost due to road traffic accidents (RTA) have been a major cause of concern for civil society. Death due to RTA is always a premature death, causing irreparable loss and damage to the families of the deceased. The data as regards the number of accidents in the year 2021, published by the Ministry of Road Transport and Highways, Government of India, is shocking and sufficient enough to stir anyone’s heart. The report says, “A total of 4,12,432 road accidents have been reported by states and union territories (UTs) during the calendar year 2021, claiming 1,53,972 lives and causing injuries to 3,84,448 persons. The number of road accidents in 2021 increased by 12.6% on average compared to the previous year, 2020. Similarly, the number of deaths and injuries on account of road accidents has increased by 16.9% and 10.39%, respectively. This figure translates into an average of 1130 accidents and 422 deaths every day, or 47 accidents and 18 deaths every hour in the country (approximately).”

Assam occupies a considerable stake in the aforesaid statistics. In the year 2021, the total number of road accidents that took place in Assam was 7411, out of which 3036 people were killed, leaving the remaining with fatal or minor injuries. Uttar Pradesh, however, is in the top rank in the case of RTA and consequent death, with a quantum of 21227 persons in the year 2021.

Now the question is: what are the major reasons for RTA? A recent study by the Government of India reveals that three main reasons are causing RTA: i) human error, ii) road condition, and iii) vehicular condition. An accident caused by human error includes: a) traffic rule violations b) Driving without a valid licence; and c) Non-use of safety devices Again, traffic rule violations include “overspeeding,” which is the main reason for road accidents leading to death and injuries. During the year 2021, “overspeeding” caused 71.7% of the total accidents, 69.6% of the total deaths, and 72.9% of the total injuries. ‘Driving on the wrong side’ is the second-most important reason for road accidents, accounting for 5.2% of the total accidents in 2021. That apart, ‘drunken driving/consumption of alcohol and drugs’, ‘jumping a red light,” and ‘use of a mobile phone while driving’ are some other major reasons for accidents resulting in death and major injuries. In the year 2021, 9.5% of the total accidents and 9.8% of the total deaths were caused by the aforesaid three reasons. Undoubtedly, these data are alarming. We need stringent laws to prevent and/or reduce the number of fatal accidents that claim valuable human lives.

Existing Motor Vehicle Laws in India

In India, the poorest and least educated people choose to be professional drivers. The drivers of interstate commuter big trucks and other carriers are mostly uneducated people with drunken habits. Most of the major accidents that take place on national highways or major district roads are committed by such big trucks due to their rash and negligent driving. But their offences are bailable offences with a meagre fine. Indian law associated with motor accidents can be found in two places, i.e., in the Indian Penal Code (IPC) and the Motor Vehicle Act, 1988.

Section 279 IPC, Rash driving or riding in a public way: Whoever drives or rides in any vehicle in a manner so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any other person The punishment shall be rigorous or simple imprisonment for a term that may extend to six months, a fine that may extend to one thousand rupees, or both. On the other hand, “causing death by negligence” is enshrined in Section 304 A IPC. The maximum punishment for this offence is a 2-year jail term, a fine, or both. Further, in Section 338 IPC, “causing grievous hurt by an act endangering the life or personal safety of others provides for two years in jail, or a fine that may extend to one thousand rupees or both.

Now, coming to the M V Act, 1988, it can be seen that Sections 183, 184, 185, and 186 of the Motor Vehicles Act, 1988 provide for punishing the offender under the Act. Section 183 provides for punishment for anyone who drives a vehicle at excessive speed. In the case of a light motor vehicle, for overspeeding, at least one thousand rupees and a maximum of two thousand rupees are fined; for heavy vehicles, the fine goes to a minimum of two thousand rupees and a maximum of four thousand rupees. For the second and subsequent offences, the driving licence shall be impounded. On the other hand, Section 184 provides for punishment for the offence of driving dangerously. One who jumps a red light, violates a stop sign, drives with a mobile phone, etc. is called “driving dangerously.” The punishment is a minimum of six months in jail, which may extend to one year, and a fine of one thousand rupees, which may extend to five thousand rupees. Further, Section 185 prohibits driving by a drunken person. A person who drives a vehicle under the influence of alcohol or drugs shall be punished with a maximum of two years’ imprisonment and a fifteen thousand rupee fine.

Undoubtedly, in today’s scenario, the aforesaid provisions of law to punish the guilty under the IPC and Motor Vehicle Act are insufficient. Needless to say, it is high time to relook into the punishment prescribed under the law for such heinous offences where a person is killed by reckless driving. A person can reasonably understand that if he drives a vehicle in an inebriated state, under the influence of alcohol or drugs, he would lose control over the vehicle, and it is imminent that his vehicle would meet with an accident and an innocent human life could come to an end. This kind of act is equivalent to culpable homicide. There is no doubt that an accident can happen due to an error of judgement and/or mechanical failure. Such accidents may be called inevitable and beyond human control. But driving in an intoxicated state is wilful, and thus, the accident caused thereafter shall be treated as a conscious act. Therefore, punishment for such an offence shall be equivalent to the punishment prescribed for the offence of “culpable homicide not amounting to murder’.

Suggestions

A nation brings new laws in two situations: firstly, to meet the changing needs of the society, and secondly, to change the society in accordance with the law. Time has changed, and it is high time we took the call on the issue so as to prevent or reduce fatal road accidents by bringing stringent laws into the field of road traffic accidents. It can be a reasonable suggestion that a new section in the IPC, i.e., Section 304-AA, be brought by the Parliament or by the State Amendments, wherein provisions can be made to punish a person at least with “life imprisonment” if he kills another person by drunken driving. The State of Assam can suitably amend Section 304 IPC. This will create deterrence for sure, and the number of fatal RTAs may be reduced to a large extent.