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Reforming Juvenile Motor Vehicle Law Penalties in India: A critical need to enhance safety on roads

Publications, Research paper

By Ankita Nakhate

Abstract

India is undergoing significant infrastructure development, with road expansion being a crucial part of this development. With the growing road network, the number of vehicles on the road is also increasing. With the rising number of vehicles, violating road traffic regulations and accidents on the road have become an inevitable part of our lives. Juveniles are observed to be disproportionately contributing to violations of road traffic laws and causing major accidents on roads, which has raised huge concerns regarding safety on roads. It is because of the negligence of parents and leniency of laws towards the juvenile but blaming parents and authorities for the juvenile’s act is not enough because in today’s modern society, with exposure to the internet from a very young age, children and teenagers are not as innocent and naïve as the current laws see them. Therefore, it has become a dire need to try to bring reforms to these penalties. This research paper discusses the current penalties for Juveniles and how these are insufficient and fail to address the issues regarding young offenders. By introducing reforms such as mandatory driver education, stringent laws, and graduated licensing systems, the authorities can better educate and rehabilitate juvenile drivers. These reforms shall instill a sense of awareness and accountability in juveniles. This study emphasizes the need for a holistic approach that integrates punishment with education and rehabilitation efforts. This strategy aims to cultivate responsible behavior among juveniles which shall enhance road safety in India.

Keywords

Juvenile, Road accidents, Safety, Negligence, Penalties

Introduction

India’s road network has expanded by 59% in only 9 years, surpassing all except China1. With this growing network, ensuring safety on roads is of paramount concern in India, with effective legislation playing a crucial role in safeguarding lives and minimizing accidents. In India,

1 Road infrastructure in India: A snapshot of its current status and future. Stockgro, (Feb 28, 2024), https://www.stockgro.club/blogs/trending/road-infrastructure-in-india/. (last visited Jun 13, 2024) .

where a road traffic incident remains a significant issue, the involvement of juveniles in these incidents has become a growing concern. Current juvenile motor laws in India often lack sufficient deterrence and strict penalties which could prevent the juvenile from violating the road traffic laws.

India considers traffic violations minor. Traffic rule violations are punished mostly by the Motor Vehicles Act, of 1988 (amended in 1994) and partly by the IPC (Indian Penal Code)2. The penalties typically involve either monetary fines or short-term imprisonment. More often than not, offenders can avoid imprisonment by paying fines, as the law frequently provides that option. The article argues that this system of penalties often fails to achieve the true objective of traffic violation enforcement. Since the offenders can frequently escape by just paying a fine as a penalty, there is a risk they will continue to commit violations, knowing they can simply pay the fine and avoid harsher consequences.

There is an urgency to reform these penalties in law as they are inadequate to address the issues. Updating these penalties can significantly enhance safety on roads and can give better outcomes as compared to the current penalties. Reforms such as higher fines, license suspension for a longer period, imposing fines and punishments for parents who allow their children to drive, adopting a tolerance policy for drinking and driving, rash driving, and driving above speed limits, strict enforcement of the law through regular checks and taking strict action, Mandatory counseling, engaging juvenile in rehabilitation programs can contribute to a more effective legal framework that prioritizes safety and responsible behavior on Indian roads.

Research Methodology

In this Research paper, the Descriptive and Critical analysis method is followed. The data used to research this paper has helped to articulate and critically analyze the study. Both primary and secondary data have been used in this study. Statutes and cases are the primary data used. Articles, blogs, websites, and journals have been referred to as secondary data.

Review of Literature

The article “Critical insight into the amended Motor Vehicles Act: parental liability v juvenile delinquency” written by Ramana Dilip Deshmukh & Dhwani Jayesh Doshi discusses the

2 Dr. Debarati Haldar and Amol Shetty, Regulating Road traffic violations by youth in India: A Therapeutic jurisprudential approach, 3,3.

challenges and proposed reforms in the Indian Motor Vehicles Act, of 1988, focusing on juvenile drivers. It highlights the increasing maturity of modern teenagers due to internet exposure and questions the fairness of parental liability for juvenile offenses. The paper proposes extending liability to juveniles, suggesting penalties such as community service and revocation of licenses for serious offenses. It advocates for regulated licenses for 16-17-year- olds, proper driving education, and point-based penalties to reduce accidents and improve road safety.

In the study “Regulating road traffic violation by youth in India: A Therapeutic Jurisprudential approach” by Dr. Debarati Halder the author examines the shift from a rehabilitative to a more punitive approach in India’s juvenile justice system, particularly under the JJCPA Act, 2015. The act allows 16-18-y/o to be tried as adults to commit heinous crimes. While it aims to address serious juvenile offenses, criticisms focus on the potential negative impact on children’s reform and rehabilitation. The article discusses the social and economic factors leading juveniles to crime and highlights the importance of addressing these root causes through empathetic measures rather than retribution.

Historical Background

The Motor Vehicle Act was enacted in the year 1988, which focused on the basic provisions such as motor vehicle registrations, licensing, and penalties for the violation of law but it did not focus on juveniles. But with the rising number of vehicles, the number of juvenile drivers also increased in number, which resulted in more incidents and accidents involving juvenile drivers. This ultimately led to the amendments to the existing laws.

Amendments

The amendment made in 2014 to the Motor Vehicle Act included provisions that would not allow minors to drive and made guardians and owners of the vehicles to ensure that violations would lead to penalties. The amendment made in 2016 aimed to introduce more stringent penalties and some strict measures for road safety.

The amendment 2019 amendment to the Motor Vehicle Act included increased penalties for various traffic violations. For instance, if a juvenile is caught driving the owner of the vehicle or the guardian can face imprisonment of up to 3 years and a fine of ₹25000. The vehicle’s registration can also be canceled. One more significant change in this amendment was that in

case of fatal accidents, juvenile drivers could be tried under the Juvenile Justice Act, which allows more stringent actions if the offense is severe.

Legal Framework

The legal structure governing juvenile motor vehicle laws is primarily based on the Motor Vehicle Act of 1988. Additionally, the Juvenile Justice Act of 2015 states the serious offenses committed by juveniles.

Motor Vehicle Act 1988:
  • Sections 3 and 4 of the Indian Motor Vehicles Act, 1988 emphasize the need for a license and the age limit for driving 3.
  • Section 3 highlights the responsibility of motor vehicle owners. It states that no motor vehicle owner or operator should allow anyone who does not meet Sections 3 and 4 to drive.4
  • Section 112 addresses speed limits. It stipulates that no one should drive or permit driving a motor vehicle at a speed exceeding the maximum limit in any public area. No one is allowed to drive at high speeds and must not exceed the set speed limit for any motor vehicle.
  • Section 121 of the Act specifies the penalties for breaching Sections 3 and 4, which include a maximum imprisonment of three months, a fine up to ₹1000, or both.
  • The penalties for operating a vehicle while under the influence of drugs or alcohol are covered in Section 185. It states that a person found driving while impaired by narcotics can face imprisonment for up to six months, a fine of up to ₹2000, or both.
  • Section 199A: The owner of the motor vehicle or the juvenile’s guardian would be considered guilty of the violation and would face appropriate legal action and punishment if the juvenile has committed an offense under this Act. Such a guardian or owner faces a fine of 25000 rupees and a term of imprisonment which can last up to three years. In the event that a juvenile has committed an offense under this Act, the vehicle used to commit

“Ramana Dilip Deshmukh & Dhwani Jayesh Doshi, CRITICAL INSIGHT INTO THE AMENDED MOTOR VEHICLES ACT: PARENTAL LIABILITY v JUVENILE DELINQUENCY, Volume 7 Issue 1 – ISSN 2455 2437,

An Open Access Journal from The Law Brigade (Publishing) Group, 146, 147 (2021),

https://thelawbrigade.com/wp-content/uploads/2021/02/Ramana-Dhwani-JLSR.pdf ( last visited Jun 13, 2024).

4Ramana Dilip Deshmukh & Dhwani Jayesh Doshi, CRITICAL INSIGHT INTO THE AMENDED MOTOR VEHICLES ACT: PARENTAL LIABILITY v JUVENILE DELINQUENCY, Volume 7 Issue 1 – ISSN 2455 2437,

An Open Access Journal from The Law Brigade (Publishing) Group”, 146, 147 (2021), https://thelawbrigade.com/wp-content/uploads/2021/02/Ramana-Dhwani-JLSR.pdf ( last visited Jun 13, 2024).

the offense will have its registration revoked for a year. Whether the parent of the minor or the vehicle owner can demonstrate that the offense was committed without their knowledge or that they took all reasonable precautions to stop it from happening is the primary factor that determines punishment under this section.5

Juvenile Justice Act (Care and Protection of children) Act, 2015
  • Section 15(1) defines severe offenses, such as causing death by negligence. According to the IPC, imprisonment for a minimum of seven years is the minimum penalty for such serious crimes.6
  • Section 18 concerns children in conflict with the law. According to this, the case is transferred to a children’s court, which has the authority to try the juvenile in accordance with the standard IPC provisions and any other applicable laws, if the Juvenile Justice Board decides that the child should be tried as an adult.7
Current Scenario and Emergence of Reforming Juvenile Motor Vehicle Laws

Due to the increasing number of Juvenile drivers on the road, despite the stricter laws, enforcement and execution of laws remain a challenge. With variations in the implementation across different states and regions, it is difficult to enforce the laws effectively. Continuous efforts are needed from the authorities to execute the provisions of the law.

Recent cases
  • Pune Porsche Case: One of the recent cases, which has raised concerns about road safety regarding Juvenile drivers is this case, where an accident took place on June 12, 2024 in Pune. The Porsche car was driven at a very high speed by a Juvenile who was 17 years old in a drunken state. This resulted in a collision where several vehicles were damaged and two innocent youngsters lost their lives. The authorities did not take appropriate action

5  “Ramana Dilip Deshmukh & Dhwani Jayesh Doshi, CRITICAL INSIGHT INTO THE AMENDED MOTOR VEHICLES ACT: PARENTAL LIABILITY v JUVENILE DELINQUENCY, Volume 7 Issue 1 – ISSN 2455 2437,

An Open Access Journal from The Law Brigade (Publishing) Group”, 146, 147 (2021),

https://thelawbrigade.com/wp-content/uploads/2021/02/Ramana-Dhwani-JLSR.pdf ( last visited Jun 13, 2024). 6 Juvenile Justice Act, 2015, https://www.indiacode.nic.in/handle/123456789/2148?view_type=browse ( last visited Jun 13, 2024).

7 Juvenile Justice Act, 2015, https://www.indiacode.nic.in/handle/123456789/2148?view_type=browse (last visited Jun 13, 2024).

because the offender was a Juvenile. Further investigations are still going on. This incident shows how careless Juvenile drivers have become because of poor execution of law and not- so-stringent penalties

  • Delhi’s Mayur Vihar Car Crash: One person was killed and nine others were injured in a car crash that occurred in Mayur Vihar Phase 3 on March 15, 2024, which was allegedly caused by a teenager going for a joyride with a friend. DCP Apoorva Gupta stated that the 17-year-old boy who was operating the silver-colored car had been taken into custody. After the incident, a mob assaulted him and he ended up in the hospital. 8

The above incidents prove that there is an urgency to reform the penalties so that the crimes committed by Juvenile drivers can be restricted.

Challenges in the Enforcement of Laws
  • Lack of Consistency- Laws vary between jurisdictions and different age groups leading to inconsistencies in enforcement of the laws.
  • Lack of knowledge in Parents- Parents are negligent and they generally lack the knowledge of the consequences that might be faced by the juvenile and themselves, if they do not restrict the children from driving illegally.
  • Technological limitations in enforcing the law- There is a lack of technology to monitor juvenile drivers such as GPS tracking or ignition interlock systems.
  • Lack of Education and Awareness – There is a lack of education among the people about the general driving rules on the road. Inadequate awareness fails to emphasize the risks of driving among juveniles.
  • Penalties- Penalties for Juveniles for violation of driving laws are not stringent enough to stop the incidents caused by them. Paying a nominal amount of fine after the violation of the law is not enough to stop the juvenile, who is illegally driving the vehicle. Emphasizing rehabilitation and stricter penalties both are necessary to prevent Juveniles from committing these crimes.

8 Delhi’s Mayur Vihar car crash: Teen was behind wheel for a ‘joyride’, Times of India, (March 15, 2024), https://timesofindia.indiatimes.com/city/delhi/mayur-vihar-crash-teen-driver-causes-fatal-accident-in-new- delhi/articleshow/108505210.cms ( last visited Jun 13, 2024).

Effect of Poor Implementation of Laws
  • Increase in the number of Accidents- Juveniles may engage in risky behavior like speeding, rash driving, or driving under the influence of drugs or alcohol. Increased accidents may result in higher rates of injuries and fatalities among juveniles and other people.
  • Repeat Offences- Juveniles are likely to repeat their offenses if they know that punishments are not so stringent and they easily escape imprisonment just by paying a petty fine. Once they know that there are no serious repercussions for their actions, Juveniles may not fear repeating the offense again.
  • Negative Behavioural Patterns- Young drivers may develop dangerous driving habits that may persist into adulthood. The effect can also lead to a general disregard for the law among juveniles.
Proposed Reforms
  • Graduated Driver Licensing (GDL) Programs- Graduated driver licensing, or GDL, usually consists of learner, provisional, and open license phases with the goal of progressively exposing new drivers to more complicated situations of driving. The initial stage, known as the learner license, is intended to give inexperienced drivers a chance to gain real-world driving experience in less hazardous circumstances. In addition to encouraging inexperienced drivers to learn under supervision, the learner license can postpone licensing, specify the amount of practice hours needed to advance to the next phase, and promote parental involvement. By establishing a number of driving restrictions, the second phase, known as the provisional license, lowers exposure to situations that carry a higher risk, like driving after drinking, at night, or with passengers. When a new driver receives a provisional license, parental involvement in the GDL system seems to be crucial for ensuring that they get enough practice and for enforcing compliance with the restrictions. Given the high number of young drivers in crashes in India, GDL may reduce crash risk and involvement for this group.9

9 Lyndel J. Bates, Siobhan Allen, Kerry Armstrong, Barry Watson, Mark J. King, and Jeremy Davey,

Graduated driving license, Sultan Qaboos Univ Med J , v.14(4), 2014 Nov.

  • Stricter Penalties- Enforce a zero-tolerance policy for speeding, rash driving, and driving under the influence of alcohol and drugs. If any Juvenile is found violating these laws, he should be punished with loner license suspension, higher fines, rehabilitation for at least 6 months, and imprisonment for parents or guardians. There should be punishments for the owners of the shops or bars who provide alcohol to juveniles. Juveniles who cause accidents, resulting in the victims losing their lives, in such cases, juveniles should be tried as adults and punished severely.
  • Legal Reforms- Reassess the legal driving age based on evidence from traffic safety research. Juveniles should be engaged in community services as part of their penalty for speeding and rash driving.
  • Involvement of Parents- Parents should encourage or take an active role in their child’s driving education and practice. Parents should also be aware of the repercussions of violating the laws and should guide their children accordingly.
  • Focus on rehabilitation and counseling- Rehabilitation and counseling can play a crucial role in reforming juvenile motor vehicle laws by addressing the underlying causes of risky driving behavior and helping young drivers develop safer habits. Juveniles should attend behavioral counseling sessions focused on understanding the consequences of reckless driving, managing stress and emotions, and developing responsible driving attitudes.
Conclusion

In conclusion, reforming juvenile motor vehicle laws requires a multifaceted approach that combines stricter regulations, enhanced education, and rehabilitative measures. Implementing Graduated Driver Licensing programs, imposing zero-tolerance policies for substance use, and enforcing harsher penalties for violations can establish a foundation for safer driving practices. Enhanced driver education and parental involvement are critical in instilling responsible driving habits from an early age.

Furthermore, incorporating rehabilitation and counseling into the legal framework can address the root causes of risky driving behaviors among juveniles. Mandatory counseling programs, driver improvement courses, and support groups provide the necessary guidance and support for young drivers to develop safer habits. Involving families through counseling and educational programs fosters a supportive environment that reinforces these behaviors.

Community-based initiatives, such as restorative justice programs and community service, can help young offenders understand the real-world impact of their actions and encourage a sense

of responsibility. Technological solutions, such as in-vehicle monitoring systems, offer continuous feedback and reinforcement of safe driving behaviors. Ultimately, a comprehensive and holistic approach that combines prevention, education, enforcement, and rehabilitation is essential for significantly reducing traffic violations and accidents among juvenile drivers. By addressing both the symptoms and the underlying causes of risky driving behaviors, these reforms can lead to lasting improvements in road safety and help young drivers transition into responsible and conscientious adults.