'In the case of a road accident, prevention is the only answer.'
'There's no cure to death or disability when the accident happens, and when it's due to reckless or negligent driving, it's worse because it's avoidable.'
On Monday evening, a bus driver in suburban Mumbai rammed into pedestrians, killing 7 and injuring 42 people.
It caps a long list of fatal road accidents in India this year.
The latest statistics (external link) from the Union ministry of road transport and highways states that 168,491 people died in road accidents in 2022.
Or, 462 deaths a day.
These deaths were caused due to over-speeding, drunk driving, driving on the wrong side, jumping the red light, and use of mobile phones while driving.
Syed Firdaus Ashraf/Rediff.com spoke to road safety activist and lawyer Armin Wandrewala to know why we are unable to minimise road accidents.
When we see accidents like the one involving a bus driver in Mumbai is why can't people stay within the speed limit? Do drivers in India not fear traffic rules as they do in countries like the USA or UAE?
Ironically, the same people who break traffic rules here diligently follow traffic rules overseas. Is it they don't fear the law in India?
Regretfully, there is almost zero traffic discipline in India. Even in Mumbai, road users largely offend, especially if they feel they can get away with it.
Why talk only of speed limits? Horrendous accidents are caused due to several transgressions including driving on the wrong side of the road, breaking signals, taking turns where not permitted, wrongful parking, etc.
The problem with speeding is that the driver loses control, or cannot control his/her vehicle if there's a sudden obstruction or impediment on the road, which leads to accidents. It is easier to control the vehicle driving under a certain speed limit, and definitely a greater danger of losing control when going at a great speed.
Another major problem is the inability or unwillingness of vehicle users to stick to their lanes. If vehicles followed lane discipline, driving would be easier, smoother, and even quicker.
Even the Bandra-Worli Sea-link, ironically, has a notice put up somewhere: 'Beware of lane-cutting vehicles'! That such a notice is required to be put up on the Sea-Link is itself indicative of the shameful manner in which people drive.
It would appear that people driving in India do not fear traffic rules. Yes, some do follow rules when abroad, but I fear many do not, even there!
I was witness to a driver who tried to take a wrong turn where not permitted, in Australia, causing an accident with the car behind him, driven by an Australian lady. The offending driver happened to be an Indian. Sad commentary on our behaviour even abroad!
A very dangerous trend of late is the propensity of vehicles, especially bikers, to bring vehicles onto pavements, and even park there. They think it's their god-given right to bring vehicles onto pavements, either to avoid the traffic ahead and cut through, or to park vehicles on pavements to go 'shopping', especially on roads which have 'no parking'. Can't park on the roads? Park on pavements!
What is the maximum punishment one gets for causing death in a road accident? What is the bail process?
There's no single, simple answer.
In each of these matters, it all depends upon individual circumstances, and the judge hearing the matter, the evidence put forth, arguments put forth, etc.
Is it a case of culpable homicide not amounting to murder?
Is it a case of death caused by accident pure and simple, with nobody being at fault?
Was the death caused on account of recklessness or negligence on the part of the driver?
Was the death caused on account of the pedestrian's fault?
Could the accident have been avoided? Too many permutations and variables, to give any single answer.
The punishment/s too vary. The punishment could go up to as much as life imprisonment, depending upon the individual case, and the circumstances.
I would not like to attempt any definitive answer to any of the above questions that could be misleading. Each case has to be considered separately on its own facts and merits, and it is better that the lawyer attending to each individual case advises his/her client accordingly.
Same is the situation with regard to bail: That varies even more, with several factors required to be considered. Again, no single, simple answer would suffice.
How was the prosecution successful in getting a conviction for Nooriya Haveliwala in a drunk driving case? This seems to be the only successful case of conviction.
What are the yardsticks that the police needs to take before filing a chargesheet?
Despite being convicted of drunk driving and mowing down a police officer and a motorcyclist, Haveliwala was sentenced by the trial court only to five years in jail. As I said, it is not possible to give a generalised answer on punishments, and the quantum thereof. Depends upon each individual case, and several other factors.
I cannot answer how the prosecution was successful in getting that conviction nor would I like to intrude upon police territory, and suggest the answer to your question: What are the yardsticks that the Mumbai police needs to take before filing the chargesheet... that's for the police to decide, they are expected to know their job, and have public prosecutors to guide them.
In the case of corporate lawyer Janhavi Gadkar a chargesheet has been filed but the case is yet to begun. Nine years on, why is there no progress in such cases?
Why do such accident cases take so long to be decided?
I would like to excuse myself from answering the questions with specific reference to the lady corporate lawyer.
One thing I will say, however, and that is, it's pretty well known, universally, that cases do take a long time in India to reach, start, and come to a conclusion, and not just accident cases. There's a tremendous pendency of cases, both civil and criminal, awaiting trial and resolution.
The fault here is neither that of the judges, or even the lawyers, as is wrongly perceived by the lay public: The problem is that of a tremendous overload of cases, lack of sufficient judges, and also lack of proper infrastructure, especially in the lower trial courts, including the police courts. More judges are desperately needed.
All our courts, including high courts, are working at way less than their sanctioned capacity, and according to me, even the sanctioned capacity needs to be increased in all courts. The ball here rests squarely in the court of the government, pun unintended!
Let us come to getting a driving licence in India. Is it easy to get one? Are there thorough checks and balances before issuing a licence?
Yes and no.
Yes, it is easy to procure a driving licence in India. No, there are not even proper checks and balances, let alone 'thorough' checks. The driving test in many cases is a joke, neither enough time spent on each examinee, nor enough attention paid to all aspects of driving. People are not tested on slopes, made to park, etc.
Also, there needs to be an oral test taken, a viva, and also a written test, testing the examinee about his/her knowledge of road signs, traffic rules, etc. None of that happens.
Then, of course, there's the question of greasing palms, with some errant driving schools being in cahoots with corrupt officers taking the test.
The whole system needs and urgent and drastic overhaul, after proper thought, debate and discussion, taking the views of all stake-holders into consideration, including those fighting for traffic discipline and road safety.
Earlier the police would do drunk driving test in a strict manner. Has this stopped?
I don't think it has been stopped, but yes, I myself am seeing less of it. Let's face it, even the traffic police don't have enough manpower to police everyone. The offenders are too many, the police do not have sufficient numbers to cope with all.
It is here that the citizens need to step up and help the police. Citizens can do a lot to create more awareness, urge offenders to desist from offending. I myself do this on a daily basis, and yes, I take risks.
I am not asking anyone else to take risks, but do your bit, get in groups and try and do the needful. Above all, yourself desist from transgressing.
What should people do when they see speeding cars on city roads?
Little anyone can do when they actually see speeding cars. Difficult even to stay far or stay away, as one never knows what trajectory the darned speeding car will take, where it will veer.
What works -- and can work -- is prevention! Citizens need to be aware and make others not only aware, but compel them to listen. Socially boycott the offenders. Tell off your own friends if you see them transgress on the roads.
Years ago, I started a citizens' movement, SOOR: Sanity On Our Roads! Sorry to say, after initial enthusiasm, there are very few left, trying to bring about this sanity! People have neither the time, nor the inclination, to try and spread the message of traffic discipline.
Thing is, everyone needs to. I keep fighting, but that's not enough. People ask me: 'How many people can you tell?' My response: 'If all citizens were to rise en masse and tell offenders off, the change we hope to see would become a reality!
We all think accidents happen to others -- not us. That an accident can happen also to one, does not occur to one, till it does. And then it's too late.
In the case of a road accident, prevention is the only answer. There's no cure to death or disability when the accident happens, and when it's due to reckless or negligent driving, it's worse because it's avoidable. Citizens owe a duty to themselves, if not to others, to try and prevent that happening.
