2 year jail for death due to rash driving not adequate: SC

Holding the existing two-year imprisonment for causing death due to rash and negligent driving as “ grossly inadequate“ , the Supreme Court asked the Centre on Tuesday to provide for harsher punishment for the offence by amending the law. A bench of Justices Dipak Misra and Amitava Roy said the time had come to inject fear of law among drivers who put the lives of pedestrians and other drivers at risk by their reckless and adventurous driving. It asked the Centre to take a stand on the issue within eight weeks. The court asked attorney general Mukul Rohatgi to inform the government to look into the issue in proper perspective and take a decision to provide stringent punishment for rash and negligent driving causing death. The attorney told the bench that a bill is pending in Parliament and assured the court that he would inform the authorities concerned about the concern expressed by the bench. “ We are compelled to say as people are dying in road accidents. People are losing their lives and limbs. In many cases, people are left with permanent disability ... There has to be fear of law among people whether they like it or not,“ the bench said. Concerned about the menace of rash and negligent driving which claims nearly 400 lives on Indian roads every day , the court said the penalty of a two-year-jail term failed to act as a deterrent and the lawmakers should amend Section 304A of the IPC and introduce harsher punishment for this offence. Section 304A says: “ Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.“ In the last hearing, the court had sought the AG's assistance after the Centre failed to comply with its earlier order asking the government to re-examine penal provisions on rash and negligent driving.“ We have said in our judgement that Section 304A needs to be amended but still the government has not taken any step. It is a matter of concern,“ the bench had said. Decrying the “ nonchalant“ attitude among drivers, the court had said: “ They feel that they are the emperors. Drunkenness contributes to careless driving where other people become their prey . The poor feel that their lives are not safe, the pedestrians think of uncertainty and the civilised persons drive in constant fear but are still apprehensive about the obnoxious attitude of the people who project themselves as larger than life.“

OUR TAKE

Only providing the public with the rules and regulations are not sufficient enough. Following up with them and enforcing the rules are as important. Moreover, if the rules are not strict enough, the law enforcement agents will attain a reputation of being too soft on the defaulters. The government needs to amend the existing laws according to the gravity of the crimes and ensure that the laws and regulations are enforced.