Pune, Worli hit-and-run cases: India is angry, but can our laws ensure justice to victims?

The recent incidents of Pune and Worli hitandrun cases have shocked the country While two young professionals lost their lives in the Pune incident a woman in her 50s was killed in the Worli hitandrun case In both cases the accused were found to be driving their cars in an inebriated stateThere was another similarity in both casesmdashboth the accused belonged to influential families and had used power and money to evade the lawThe lack of convictions and speedy justice in such cases have led to the belief that perhaps the law is also not equal for all and the rich can get away by committing horrendous crimes such as running over pedestrians under the influence of alcoholThe Pune accused was a minor at the time of the accident and was asked to write an essay on traffic laws and work with the cops as punishment The decision had drawn a lot of flak from common citizens who demanded stringent laws even for minors in such casesIndia has been facing a surge in road accidents with two distressing trends emerging a sharp rise in drinkdriving incidents and hitandrun cases This increase in reckless behaviour is not only claiming innocent lives but also highlighting glaring gaps in enforcement awareness and the justice systemWorrying dataAs per the latest statistics from the Ministry of Road Transport and Highways MORTH road accidents are one of the leading causes of death in India A total number of 461312 road accidents have been reported by the police departments of all the states and Union Territories UTs of the country in 2022 claiming the lives of 168491 people and causing injuries to 443366 othersWhile driving under the influence has long been a concern the problem appears to have escalated in recent years with a worrying rise in fatalities and injuries linked to alcohol consumption behind the wheelThe cases of driving under the influence of alcohol and drugs have surged in 2022 from 2021 While 2929 such cases were reported in India in 2021 the figure rose to 3268 the next day leading to 1503 fatalities The number of deaths has thus gone up by 112 per cent MORTH statedHitandrun cases have also seen an alarming surge According to a report by the National Crime Records Bureau NCRB around 60 per cent of road fatalities in 2022 were a result of hitandrun incidents While the families of the victims are left devastated and run pillartopost for justice the accused get away with the crimes As trial in the country is a timeconsuming process most spend a few months behind bars after their conviction as their jail time during the hearing is also accounted forImpact of lawsUrbanisation and economic growth have increased the number of vehicles on Indian roads This has also led to more difficulties in checking motorists who drive recklessly especially at night on relatively empty roadsIn many cases victims are left to die as the accused fear legal repercussions or confrontation with angry mobsIndia has strict laws in place to curb drunk driving and hitandrun incidents but enforcement and public awareness remain significant challengesSection 185 of the Motor Vehicles Act 1988 makes it illegal to drive a vehicle under the influence of alcohol or drugs As per the law violators can face a fine of up to 10000 andor imprisonment of up to six months if they are caught drinking and driving for the first time Repeat offenders can face a fine of 15000 andor imprisonment of up to two years Additional penalties can include licence suspension and mandatory attendance in deaddiction programmesHowever the effectiveness of these laws remains questionable owing to inadequate implementation and a lack of stringent checks especially at night While major cities have implemented breathalyser tests and increased vigilance the rural and semiurban areas lack robust enforcement mechanisms Corruption and bribery also erode the impact of the law as offenders often escape penalties by paying off law enforcement officersldquoLack of checks on drivers and bars is leading to a rise in such cases Barring a few occasions such as New Yearrsquos Eve how often do the police check motorists for drunk driving They need to increase such checks and also ensure with timely raids on lounges and clubs that people are not being allowed to drive after drinkingrdquo believes Roshni Thakur a secondyear sociology student who volunteers with a nongovernmental organisationHowever a Mumbai Police officer from the western suburbs on the condition of anonymity has refuted the allegations and stated that the cops regularly undertake random checks to ensure that people are not drinking under the influence of alcoholldquoThe awareness around the dangers of drinking and driving remains low With weak enforcement of laws many drivers feel empowered to take risks leading to tragic outcomes We have been tying up with colleges and big organisations to raise the issue of drunk driving among students and youthrdquo said ThakurSection 161 of the Motor Vehicles Act specifies that the driver involved in an accident must stop and provide necessary assistance to the victim If a driver is found guilty of fleeing the scene without providing help they are liable to be charged with culpable homicide for rash and negligent driving The offender can be fined up to 2000 andor face imprisonment of up to two years in hitandrun cases If the incident results in death the imprisonment can extend up to 10 yearsTo address the growing concern over hitandrun cases the government introduced a compensation scheme that provides a fixed compensation of 50000 for victims of hitandrun cases involving grievous injuries and 2 lakh for fatalities However these amounts are often seen as inadequateAre the laws ineffectiveldquoFirstly the maximum punishment is just 10 years which is far too little in cases that lead to fatalities Besides even to ensure that the offender gets 10 years of jail is a difficult and timeconsuming process The hearing itself could go beyond 10 years During the hearing rich and influential families use armtwisting tactics to get away The fines and compensation are also too littlerdquo said lawyer Suraj PurohitEchoing his thoughts Vivek Handa another lawyer said ldquoThere is widespread corruption from top to bottom of the system We cannot deny that In the Pune Porshe case we have seen how money power was used to swap the blood samples That is just the tip of the iceberg There are many cases that have raised questions on the integrity of topranking police officers across the state to even judges While these allegations may never be proved the focus should be on preventing accidents firstrdquoGoing forwardhellipldquoWe need stricter penalties higher fines and longer jail terms for drunk driving offenders There must be stringent laws for juveniles also Merely arresting their parents will not help At 17 one is very well aware of the consequences of drinking and driving Also in cases resulting in disabilities victims must receive lifelong compensationrdquo added HandaCountries such as Australia and Sweden frequently conduct drunk driving checks While they have greatly benefitted from this exercise it is also important to note that they have a much smaller population than India which already has a poor policepeople ratioHowever technology could play a pivotal role Automated surveillance systems and smart traffic monitoring systems can help reduce drunk driving incidentsApps that allow citizens to report hitandrun cases with realtime tracking can not only encourage accountability and faster law enforcement response but also ensure saving the victimrsquos life by providing them with timely medical helpOn a community level colleges schools offices and NGOs can conduct public awareness campaigns on the issue Corporates also need to tie up with NGOs for the causeFinally the law must act as a deterrent If culprits are punished severely in a timely manner it will act as an example for others