INCREASE IN TRAFFIC FINES, A CRITICAL ANALYSIS
....Adv.A.C.Philip
On
comparing the traffic fines with the other responsible democracies in the
world, one of my close friend, Shri.Venkat raised two valid questions.
1. Are we on par with
any of these countries to be comparing in the first place?
2. Why not compare
pothole ridden roads with these countries for a change?
So,
Dear Venkat,
Your questions are very valid and I do respect
it. While pondering the issues I do have some areas of different opinion.
There is a wide range of criticism for
higher rate of fines imposed upon the traffic rules violations. Many people
correlate it with the potholes in the roads. But I do not have a reason to
correlate both. The increase in fine is not meant for the construction or maintenance
of the roads. A welfare state cannot wish that, let there be more traffic violations,
so that, we can find enough resource for constructing roads. Government needs
to find other resources, including taxes for that purpose. A responsible government
shall be happy, if no violations happen and the revenue addition in that
respect is zero (at least hypothetically). Hence the increase in traffic fines is
not linked to the poor conditions of road, but with the accidents and losses of
lives happening due to such violations.
As you know, record levels of National
Highways are built up during the last five years, which has been acknowledged
by the Parliament, cutting across the party lines. That certainly increases the
opportunity for fast moving vehicles; as most of those roads have international
standards. (Please do not come to me with the pothole of a local road and start
arguing that the roads are like lunar walk. India is a vast country and Union Government
does not construct each every local road!)
So, along with the responsible governance,
what we need is equally responsible citizens, who abide law and value the life
and limbs of others. I do agree that many of my friends love to take two pegs
in the evening and go for a joy ride, back home. But how much risk that poses to
an ordinary citizen, who goes home after responsible work to tender their
families? Can you imagine the plight of
a family of aged parents and small children, solely dependent upon a young man
or a lady for their survival receiving a telephone call close to midnight that
their loved one has been killed by a drunken driver or a traffic violator?
There are many who are perennially paralysed or immobilised. Who will take care
of them? The responsible Government
shall sympathise with the violator or with the victim? Can you say that, just
because the political formation which is in power is a party to whom you have
inherent objections, you sympathise with the traffic rule violators? Or can we say that, let every inch of road in
India including local pathways be of the international standards and then only
we will sympathise with the victims of traffic violations?
When
the polity, media and lawmakers together with law enforcers are controlled by
the persons who love to violate traffic rules for their personal benefits,
including drunken driving, the entire system will sympathise with the law
breakers, not with the victims. Each traffic rule violation poses a direct
threat to the lives of innocent traffic abiding citizens. It's an attempt to
murder of an unknown person.
Hence, what a responsible Government need to
do is to sympathise with the victim and act with an iron first towards
violators, not vice versa. If your think in the reverse order, that is only perpetuating
crime. Please remember, you can’t every day be on the shoes of a predator, but
every moment you are also prone to be a victim of another person’s traffic
violation.
Further, you raised a question, can we
compare ourselves with the developed nations! Certainly can, what I feel. The
value of lives of poor is equitant to the value of lives of rich. When the
question of protecting lives comes, we cannot claim that, we are not as
developed as the other countries to protect our innocent citizens. In that context I feel, the fine for drunken
driving is grossly inadequate. Al least that shall be equal to the average cost
of a family’s survival. Because every
drunken driving places that much on risk. A person who can afford alcoholic
drinks can afford a driver or auto/cab to go back home safely. That will save himself, his family and that
of many others apart from giving some additional opportunity for the auto/ cab drivers.
Beyond that, many claimed that they do not
have means to pay fines and hence fines shall be reduced. The claim is very
strange! Why don’t they claim that, hence they will abide the rules? Or, are
they taking the traffic rule violation as their birth right? Where are we heading?
To a law abiding community of civilization, or lawless community of hooligans?
Even jungle has it's own law. So, let us
together abide law and save fines.
Two state governments, Madhya Pradesh and Rajasthan
claimed that it will increase corruption and hence the law will not be
implemented. I do salute them for such a bold statement. They admit that their
governments are thoroughly corrupt to the bottom level. Further they agree
that, they have no means and tools to control the corruption of their
government from top to bottom. Beyond
that, they have shown boldness to sympathise with the predators, and seek the
votes of the victims. When the elections are lost, they are emboldened to blame
the EVMs.
Another question came up is, can we stop
traffic violations by increasing fines?!
That is only a deterrence and not elimination. We cannot stop rape of minors by giving death
penalty. But the majority felt so, and that is the law. So every punitive law
needs to be evaluated, standing on the shoes of victim.
Compare the
potholes with the road taxes and compare the traffic fines with the vale of
lives of innocent citizens. Not vice versa.
Thank you Venket for giving me an opportunity to pen it
down......
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Date:
06 /09/2019
Place:
New Delhi
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Adv.A.C. PHILIP
Supreme Court of India,
New Delhi
(9769110823)
adv-a-c-philip.blogspot.in
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