Drunken Driving: It is easy to kill and get out on bail

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Neetu Banga

24 May, 2010

ON MAY 22, 2010 , an army officer's wife returning from a party had five times the permissible limit of alcohol in blood, hit and auto-rickshaw. Two people died in the accident, the Colonel's wife was arrested and later released on bail. How it is easy to kill innocent people and go scot-free on bail.

Road accidents that are related to alcohol and drunk driving are a routine in the capital despite the concentrated effort by law enforcement agencies. Drivers under the influence of alcohol indulge in over-speeding through the narrow and congested roads of the capital, jeopardizing the safety of other road users and it has now became a common affair. Young men and women earning huge pay-packets or coming from rich families drive powerful cars but are not mature enough to handle them safely. They also want to show off before people of the opposite sex by driving too fast. They attend dinners and parties, where they get drunk and indulge in rash driving.

In my opinion, drunken driving should be banned completely and violators should be dealt with strictly. A drunken driving accident should not be considered as mere negligence as it is nowadays, but it should be treated as the premeditated commitment of a crime and it should be a non-bailable offence, cancelling licence for longer periods, increase the fines and the quantum of imprisonment to be impose on erring drivers.

A driver, who is found to be driving under the influence of alcohol should not be allowed to drive at all, and his vehicle should be impounded on the spot, rather than giving a chance to the police to indulge in corruption. The current set of laws lack teeth to deal with the problem. The problem in India is that a person driving under the influence is charged under Section 304-A , which is a bailable offence with a fine of few thousands and/or jail for five months. As such the errant drivers are able to get off by paying a fine. I would recommend that the police should book them under Section 304, part 2 that will be tantamount to culpable homicide.

Mixing drinking and driving also need not become a socially acceptable habit. In India we will never see anybody stopping a friend or family member from driving even if they are clearly drunk. Those being caught will have to be subjected to medical examination within two hours. But in Delhi “Save your Skin” is accident accused first instinct. Offenders mostly run away from spot. When traffic police adopts tough measures with breath analyzers, many walk away after paying the bribe. The dealing with hit-and-run cases continues to be a grey area for the police in the Capital.

We need to change the laws considering the changing mindsets. The government should create a common software to be used in all motor vehicles offices of the country and connect these electronically so that a real time database can be created at the all India level on the lines of the National Crime Record Bureau. This will help stop the culprits from obtaining multiple licenses and in apprehending repeat offenders. This will control to lawbreakers and law-abiding citizens will feel safer.