And their Future
Abstract
This research paper examines in detail with the road laws in India, and the future they hold. This paper is an attempt to dive deep into understanding the various provisions envisaged for the purpose of safety on the road and to punish offenders who not only endanger their own lives, but also threaten the very existence and safety of others around them. Light is also shed on the flaws these provisions pose and the very need to amend them with the dynamic needs of the society. Additionally, it also delves into the relation between road laws and the juvenile justice system and how the juvenile justice framework can be made better, so as to ensure that even young offenders, who have committed heinous accidents would be punished properly, without exceptions.
Keywords
Road laws, motor vehicle act 1988, road accidents, road safety, compensation, juvenile justice, accident death, driving license, traffic laws, drunk and drive, minor driving, vehicle insurance,
Introduction
India, the world’s most populated country, with birth and death being a common notion has seen every household today having at least one motor vehicle in their home. Whether it be a two wheeler or a four wheeler. From the poor to the rich, from basic cycles to monstrous motor bikes, from family cars to luxurious two seaters. Even if one does not own a vehicle, they get to travel in state run transport services, from buses to metro services, cities are intra and inter connected. With even the private transport sector on the rise, it is safe to say, that the roads of India are busier than ever and they will get more busy very soon.
Such a huge area does require a watchdog, To ensure that everyone is safe on the road. With overwhelming traffic and full roads, it is uncertain on when a tragic incident might occur. This might be due to a genuine mistake or sometimes, due to sheer negligence of some people. Some who neglect that it is not only their lives at risk, but also countless others. People failing to realize that it is not only their parents, wife’s, children or grandparents waiting for them, but it is the same for the other person too, waiting for them to come back home in a safe and sound manner. This is where the road laws of India step in. Multiple rules, regulations, laws, frameworks introduced to ensure that the roads are safe for everyone, only with one goal in mind. To ensure that everyone returns home safe.
Research Methodology
To ensure that a proper understanding of the road laws is done, it is important to firstly cover the various legislation’s which overlook the roads of India. Next, a statistical analysis of the amount of incidents happening on the road and the various reasons on why such incidents occur is to be covered, with the help of government published resources. It is also very important to deal with the punitive measures imposed by the various legislation’s discussed and finally, the various changes that can be brought upon the laws so as to make the roads more safer and better. Case studies are important so as to understand the grass roots of the application of the road laws and onto whether the laws are being true to their purpose or not, also to understand cases wherein roads have been made better and safer for everyone. It is also important to understand on how, these laws can be implemented in a better manner, and how awareness can be used as a tool to ensure safety of people.
Review of literature
The literature for road laws in India include primarily, the Motor Vehicles Act,1988 being the foundation for all matters relating to the roads, including the various offences, punitive measures etc. Reports, including the Road Accidents in India – 2021, which is published by the Government of India every year forms the base on the number of accidents and the root causes behind them. The Motor Vehicle Amendments Act, 2019 is also look upon, for it introduces new structures of punitive measures for the various offences.
Method
Legislation’s for the roads
A total of 4,61,312 road accidents have been reported in the calender year of 2022. These accidents claimed the lives of 1,68,489 people and left 4,43,366 injured. These statistics from the ministry of road transport and highways are heavy hitting and show that countless people are losing their lives on the roads, due to various factors. Ministry of Road transport and highways in the same report, “ Road Accidents in India -2022” has revealed the cause of these accidents and has attributed over speeding as the fundamental cause to such accidents and has stated that during 2022, around 76 percent of the accidents were due to over speeding. The ministry also reported that drunk and driving including the consumption of alcohol and drugs, jumping of red lights and also usage of mobile phones, all together has accounted to 7.4 percent of total accidents and 8.3 per cent of total deaths
It was also pointed out that accidents involving drivers without valid driver license decreased from 37,182 in 2021 to 35,925 in 2022.It can therefore clearly observed that India is recording high numbers in the amount of road accidents happening every year and it is indeed disappointing that majority of these accidents are due to over-speeding, despite of specific laws punishing the same.
Perhaps the most important legislation introduced for the purpose of safety on the road is the Motor Vehicles act, 1988. The act provides provisions for licensing , registration of motor vehicles, offenses and the penalties for the offenses committed.
Firstly, in relation to the basic checkbox for getting a vehicle license, Section 4(1) of the act clearly states that “No person under the age of eighteen years shall drive a motor vehicle in any public place”. Section 3(1) of the act further states that “No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than 3[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do”
Both Section 3 and 4 clearly say that without a effective driving licence, no person shall drive a vehicle in a public place and no person under the age of eighteen years shall drive a motor vehicle in any public place.
However, in scenarios wherein Section 3 and 4 have been violated, Section 180 and 181 of the act come into picture. These provisions deal with with punitive measures in scenarios wherein unauthorized persons are allowed to drive and driving vehicles in contravention to Section 3 and 4 respectively. Section 180 of the Motor Vehicles Act, 1988 states that in a case wherein, whoever being the owner of a motor vehicle causes or permits another person who does not clear the provisions under Section 3 and 4 of the act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
On the other hand, Section 181 of the Motor Vehicles Act,1988 deals with driving in contravention to Section 3 and 4 of the act and states that a person doing the said offense shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. This Section therefore implies that anyone driving without a license or is a minor driving will be liable to punitive measures as discussed above.
Secondly, in relation to various offences committed on the road, the act has been envisaged with punitive measures for the same . One of the most common offences on roads is over-speeding, with 76 percent of the accidents happening due to over-speeding. Section 183 of the Motor Vehicles Act, 1988 deals with this offence and has the punishment in three categories. A)”where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees” B)”where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees” and C) “ for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) of section 206”.
Section 184 of the act deals with driving dangerously and with the recent amendment to the act in 2019, various circumstances were also included to be falling under the ambit of this section which include jumping a red light, violation of stop sign, use of handheld communication devices while driving, overtaking other vehicles in a manner contrary to law, driving against flow of traffic etc. The punishment as given under this section includes for the first offence is that of “imprisonment which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both”. For the second offence committed withing three years of committing of the first offence, the punishment will be imprisonment for a term which may extend to two years and a fine which may extend to ten thousand rupees.
Another most common yet uncontrollable offence is drunk and drive. The ministry of road transport and highways reported that drunk and driving including the consumption of alcohol and drugs, jumping of red lights and also usage of mobile phones, all together has accounted to 7.4 percent of total accidents and 8.3 per cent of total deaths. The recent Pune Porsche case also is one prime example of drunk and drive, wherein two innocent lives were claimed and it turned out that the driver was a minor. Such cases pointing out to the fact that drunk and drive is indeed a serious offence.
Section 185 of Motor Vehicles Act, 1988 deals with Driving by a drunken person or by a person under the influence of drugs and for the first offence, the person shall be punishable with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees and for a second or subsequent offences, imprisonment which may extend to a term of two years and fine which may extend to fifteen thousand rupees.
Apart from the Motor Vehicles Act, 1988, the Indian Penal Code, 1860 lays down certain provisions for offences on the road. Section 279 of IPC,1860 deals with provisions for rash driving and states that “Whoever drives any vehicle, or rides, on any public way 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, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”.
For scenarios wherein a person is killed due to negligent or rash driving, section 304A of IPC,1860 is attracted, which deals with causing death by negligence and the punitive measures under this provision include imprisonment of either description which may extend to a term of two years or with fine or both.
For hit and run cases which are very common in the country, Section 161 of the Motor Vehicles Act,1988 provides compensation and in case of the death, the compensation awarded is 2 lakh rupees and for bodily injury to the victim, the compensation is fifty thousand rupees.
Punitive measures for minors and the Juvenile Justice System
Minor driving has become a common sight in the country and it is indeed going up by numbers at an alarming rate. It is surely thrilling to get to ride a vehicle and does involve fun but at the same time, it is to be understood that when a law does exist, it is there for a reason and it is best advised to follow it. Especially when dealing with roads, where mishaps happen everyday, It can be understood onto why the law only permits those above 18 to get a valid license and then allows them to drive vehicle. It is to ensure that not only the other riders on the road are safe but also the minors, who are not yet ready for the chaotic roads on the country don’t end up in a unfavourable situations. Yet, despite of the efforts of the provisions, no interest has been taken by the minors of the country to prevent themselves from coming onto the roads. Majority of them acting negligently, over-speeding and showing off, proceeding to continue with dangerous stunts, only to end up in a disastrous circumstances. Parents often do not pay heed onto their minor children and do not prevent them from driving vehicles on their own. Neither do they educate on why it is important to hold on to the excitement of riding a vehicle and to become responsible citizens when going out. It has been pointed out in NCRB’s report that 4,22,529 traffic accidents have taken place in 2021 and children below 18 years of age account to 9.6% of these accidents.
For this very purpose, the law now has taken a stringent stance against minor’s driving in contravention to the legal requirements. The Motor Vehicle (Amendment) Act, 2019 brought in Section 199A, a provision dealing with offence committed by juvenile under Motor Vehicle Act, 1988. This provisions enumerates that when an offence is committed by a juvenile under this act, the guardians on such juvenile or the owner of the vehicle shall be made responsible and the guardian or the owner “shall be punishable with imprisonment for a term which may extend to three years and with a fine of twenty-five thousand rupees”. Further, the above provision provides that the juvenile will not be granted a license or learner license until such juvenile reaches an age of 25 years.
Moving onto the juvenile justice system and its stance on offences, any person who are minors (anyone who is less than 18 years of age) is considered within the ambit of the juvenile justice act, 2015. This means that the minor will not be considered as an adult accused by the virtue of the most important fundamental for a crime, that is that the minor does not have the mental capacity to form mens rea or the intention to commit a crime. A great example of the juvenile justice system coming into picture is the recent Pune Porsche case, wherein the accused was a minor and because of rash and negligent driving, two lives were claimed. By the virtue of the accused being a minor, the court sent him to the observation home, where further psychological assessment shall take place, wherein the mental capacity of the accused will be decided upon.
One of the important facets of the juvenile justice system is the ability to consider a minor who has committed an offence as a major and proceed with the trial accordingly. This has been envisaged in Section 15 of Juvenile Justice (Care and Protection of Children) Act, 2015. The section states that “in a case a henious offence has been committed by a child who is above or below the age of 16 years, the board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of section 18”.
The above provision therefore allows the juvenile justice board to decide on whether the child is to be treated as an adult or as a minor according to the assessment done in regard with mental capacity to commit offence. This therefore is a breath of relief and a hope for justice wherein a minor has committed a crime so serious, that it is essential that such juvenile is punished.
Suggestions
Law is meant to be dynamic. It is an ever changing domain that will continue to expand to various fields of life. To ensure that justice is ensure everywhere law strikes its sword, it is important for it to change its stances, make sure that it is all-compassing so that justice, which is the fundamental principle is served. In relation to the road laws and to ensure a fall in the accidents and various offences that take place on the roads, the following can be implemented to ensure that everyone is safe and secure
- Awareness : – No law is successful without people knowing about it and adhering to it. It is important to understand that despite of traffic education, road etiquette being taught through various means including school lessons, safety drives, and even memes, it should be noted that people are still not adhering to these safety measures. It is high time for not only the government to ensure that awareness is spread, but that too in such a manner that the message is loud and clear. For this, more safety drives can be done, social media campaigns in collaboration with famous personalities, etc are some methods that can help
- Strict laws with no mercy :- One of the most important observation one can make out is how some of the punitive measures for these offences are very mild in nature. It is high time to understand that taking a forgiving stance at these offences will not help, owing to the amount of negligence people have. With no absolute care about their lives or of others who also use the roads, some people, especially the youth have taken for granted the law. This is only because of the sheer confidence that if they are minors, they are exempted from law, or they can otherwise get away by commission of such offences. Some also have such overconfidence that they are so sure to not commit any mistakes while behaving negligently on the roads. The only fix for this is strict punitive measures that set an example. When words fail, it is only for the stick to perform its duty and the same is the situation in the current scenario. Hefty amount of fines that scare people from being negligent and imprisonment which will ensure that people will drive responsibly and behave as duty bound citizens on the road are important. As harsh as it may sound, it is indeed crucial so as to set a crystal clear example that the law is no joke to a person not following it. Mere fines which are less in monetary value and a less term of imprisonment are common sights in these provisions and that must change. Hefty fines with heavy term of imprisonment would also invoke a sense of fear and responsibility. The minute people get to know that fines are being extracted in huge amounts, they will automatically adhere to the law
- Responsibility of parents :- It is most important for the parents to check up on their children and to ensure that they are safe. Parents are required to teach their young ones about the risks on the road and the kind of ugly situations that may turn out, which in a minute, change the life of a person involved in them. Parents must impart on to the children that it is just one simple decision that will make or break their life. Parents are to ensure that children to follow these laws and ensure that it is not only them who is living and has rights, but also others around them.
- Implementation of law :- It has indeed become a pity that strict implementation of law is not happening. People consider strict laws as impositions restricting them of their rights and contest them as harsh decisions by the government but they fail to understand that it is for their good. An example of this can be that of a teacher being strict with students. This is not done out of hatred on the students, but with the intention to impart with discipline and responsibility. The government here has to take the role of a teacher and ensure that its students, in this case, the people of the country are disciplined and responsible, for their own benefit.
- Juvenile justice system :- It is important for the Juvenile Justice Boards all across the country to ensure that justice is served properly in cases wherein the accused is a minor. As the decision onto whether to treat a minor as an adult is in the hands of the board, the boards should not succumb to the mere fact that the accused might be a minor, but should conduct strict tests on determining whether the accused has the mental capacity to commit such a crime. This can be sorted out by first, knowing whether the accused, knows that what he did is wrong, and the accused could have prevented it if he was not negligent and acted more responsibly. Only declaring the accused to be minors and not fit to be treated as adults, despite of the seriousness of the crime, would only render the defeat of justice, which is the very purpose of law.
Conclusion
It is indeed the need of the hour to ensure that education and responsibility is spread out, especially on how important it is to be safe on the roads, where unfortunate events happen in an unexpected manner. With no ability to foresee such events, it is better to be safe than sorry. With better implementation of laws, combined with efficient efforts on awareness, it is indeed possible to ensure that the safety standards on the roads reach a new high. It is indeed not only the responsibility of the government, but also of the people to act in such manner. It is always a two sided effort which will render any law to be effective and for this, the public shall have to cooperate with the execution of these laws. This can only be done if strong awareness is created on how deadly our roads can be and how ugly situations can turn into. If knowledge does not work, then fear would only create a sense of ensuring safety and this has to be done so as to prevent serious mishaps.
Name – M.Rishi
College – Pendekanti Law College