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Combating drunken driving

In recommending tougher penalties for drunken driving, the parliamentary standing committee on transport, tourism and culture has underlined the imperative of an urgent response to an intensifying national problem. Vehicle ownership and alcohol consumption are both on the rise in India. While the increasing number of cars and two-wheelers is a visible outcome of economic growth, rising alcohol consumption is not so evident. The National Family Health Survey data for 2005-0 6 (NFHS-3, 2007) indicate that a third of the male population consumes alcohol. The alarming increase in youngsters taking to alcohol at high levels aggravates the risk for all age groups compared to sober drivers. Equally significant is the survey finding that drunken driving tends to get repeated. Given this context, there is considerable merit in the parliamentary committee’s recommendation for stiffer penalties, made in its report on a Bill to amend the Motor Vehicles Act. It has suggested prosecution for culpable homicide not amounting to murder where drunken driving causes death (rather than for the lower offence of rash or negligent act), suspension of licences, escalating fines and/or imprisonment based on blood alcohol percentages, and mandatory imprisonment beyond a specified blood alcohol limit, with provision for licence cancellation.

Under Section 185 of the M.V. Act, 1988, drunken driving attracts a penalty of fine or imprisonment or both. The problem really lies in the palpable lack of will to enforce this important section and is compounded by the fact that revenue-hungry States, some of which vend liquor through government outlets, appear disinclined to take tough stances on this issue. Adding to the challenge is the failure to provide the law enforcers with the necessary gadgets to carry out their monitoring duties. Police teams on city roads and highways need equipment to determine whether a driver has consumed alcohol in excess of the legal limit of 30 mg per 100 millilitres of blood. Determining varying blood alcohol levels starting with 30 mg and going beyond 150 mg, as suggested by the parliamentary committee, will be even more of a challenge. Moreover, any amendment to improve the working of the M.V. Act can be meaningful only if a national traffic and transport database is created for recording offences. Of utmost importance is the integrity and professionalism of the vehicle licensing and traffic enforcement processes, which is abysmally low. All these aspects need remedial action before any headway can be made with an amended law.

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