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Making road safety work

The Supreme Court’s suggestion to the Centre to provide for enhanced punishment for rash or negligent driving will be welcomed by thousands of families who have lost their kin in horrific traffic accidents. The punishment for causing death by a rash or negligent act not amounting to culpable homicide, under Section 304-A of the Indian Penal Code, is a maximum of two years of imprisonment of either description or fine or both. In a strong legal system relying on scien tific evidence, even the existing penalty for rash driving should help raise safety standards. That it has not is a reflection of the low priority given to enforcement and the consequence is a high toll of death and disability. The Sundar Committee appointed by the Ministry of Road Transport and Highways estimates the number of people killed on Indian roads in 2004 to be 92,618 and the number injured, nearly half a million. The actual injury burden is far higher, going by the findings of researchers at the Indian Institute of Technology, Delhi. Their evidence shows that the number of injured could be a staggering 15 to 20 times the number of fatalities. In fact, answers to questions tabled in Parliament over a three-year period, 2002-04, on accidents were found to be deficient in data relating to road condition, circumstances, and age and gender of victims. Clearly, road safety policy needs to be put on a stronger statistical foundation.

Stringent punishment for rash driving should logically have a deterrent effect. But the experience in many countries shows that sustained implementation of strict laws is more likely to be effective than enhancement of penalties that generally results in a reduced level of enforcement. The evidence on compliance with even existing road rules in India shows that the average motorist has little fear of getting caught. A peer-reviewed study in Hyderabad reported recently that of 4,183 two-wheeler riders, 461 had no driving licence, while 798 had obtained a licence without taking a test; nearly 60 per cent had committed a traffic violation in the past three months; almost 70 per cent had either not used the helmet at all or used it only occasionally. Such shocking disregard for safety is compounded by the misplaced populism of State governments. They generally shield rash drivers of state-run buses from penalties, do not enforce helmet and seat belt rules, turn a blind eye to driving under the influence of alcohol, and condone corruption in the enforcing departments. The court has from time to time commented on these aspects and given directions to the government for reform. But no single agency is yet accountable for safety, and the carnage on the roads continues.

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