WEAK and outdated laws are largely responsible for the widespread traffic violations and accidents in the capital. For example, few drivers pay heed to the Motor Vehicles Act of 1988 and four sections of Indian Penal Code which govern traffic rules.
Says Ramesh Gupta, a senior advocate and former president of the Delhi Bar Association: "The penalties for violating traf fic rules are meagre. For instance, the fine for jumping a redlight or violating the stop line is only Rs 100. Even if someone is booked a second time for driving dangerously, he incurs a fine of Rs 2,000. People dont mind paying it. Hence, we need heavier fines."
Section 279 of the IPC (rash driving or riding on public way), along with other sections like 337 (causing hurt by an act endangering life or personal safety of others), 338 (causing grievous hurt by an act endangering life or personal safety of others) impose a fine of Rs 1,000 to Rs 2,000 and imprisonment for six months; Section 304A (causing death by a rash or negligent act) imposes a penalty of Rs 2,000 and two-and-a-half years imprisonment. Says Gupta: "Offences under all these sections are bailable, even if the driving has resulted in the death of one or more persons. This is the greatest loophole as the drivers are back in business in no time."
Says Akshay Kumar, a lawyer at Patiala court: "The acquittal rate in the accident cases is about 90 to 95 per cent. This is the prime reason for the failure to prevent the increasing number of accidents. And rarely does an accused get convicted."
It is a life-long ordeal for the injured and the kith and kin of the deceased, as they battle for compensation. The court decides the compensation after examining the age of the victim, educational qualifications, service, salary and his career graph. Despite all this, the amount does not exceed Rs 5 lakh. Most of the lawyers feel the court should take an assurance from the owner of the vehicle that the registration, licence, and the vehicle and its insurance papers would be presented during the trial before granting bail to errant drivers."
