Violent behaviour on roads, sudden acceleration or tailing, blowing of horns, throwing projectiles, making indecent gestures do form part of the road rage. All such aggressive actions, though covered in Indian Penal Code (IPC), 1860, are mostly bailable offence or they do not involve imprisonment or fine. Hence, leading to increasing menace of road rage. Other relevant point relates to the fact that every body on the road is in tearing hurry.
It is learnt that many countries have separate law on road rage that provides for deterrent punishment. In view of that there is urgent need for a new law to be non-bailable, cognizable and deterrent. Presently, police books offenders under Section 279 (rash & negligent driving) of IPC, with negligible punishment as it is bailable. There is hardly, any punishment. In the USA, Japan and UK, separate laws on road rage act effectively with amazing results. An inquiry in the Union Ministry of Home Affairs (MHA), which administers criminal justice system at the apex, reveals there are existing provisions in the law to punish the guilty of offences of road rage, covered under Sections like 279 and 351 of IPC. Poor implementation of law is main reason for the guilty being set free.
Besides, the Law Commission of India in its 234 Report has, in consultation with the MHA and other stakeholders, suggested amendments of Sections 279 (A), 304 (A) keeping it just short of culpable homicide and insertion of Section 304 (A) (ii), over the heretofore held views that present law was sufficient if implemented in true spirit. Law Commission favours amendment of law providing for any person, who learns driving, would at least do five rounds of driving on a standard as in USA and UK to have perfection. Agreeing with such views the Union Ministry of Transport and Roadways maintains that all such issues relevant to deal effectively with the road rage have been covered under the set of amendments to the Central Motor Vehicles Act, registration of vehicles and driving licences, apart from all such online system being linked with Aadhar. Now, amending Bill, 2016 to the Central Motor Vehicles Act is before the Standing Committee of Parliament as well as a Group of Transport Ministers of States.
Quantum of penalties provided in the Motor Vehicles Act under Section 183 (driving at excessive speed), Section 184 (driving dangerously), Section 185 (driving by a drunken person or a person under influence of drugs) and Section 189 (racing and trials of speed) are presently inadequate to be effectively deterrent. They are under consideration of a Group of Transport Ministers of States as well as the Standing Committee of Parliament examining the Motor Vehicles (Amendment) Bill, 2016.
Official sources, however, reveal that at a time when Union Government is in the process of deleting or consolidating several laws to reduce the burden of legislations in the country, in such a scenario, separate law to deal with road rage is not necessary. In stead, a separate chapter is to be added in the Road Transport and Safety Bill pending before the Parliament. Nevertheless, road rage leads to physical injuries and even death also. States, therefore, view road rage as a serious act, of the order of violation of property right. States do not want driving to become a competition. It is viewed that in countries like USA, Canada, Australia, England, Ireland, Japan, New Zealand, some solutions to road rage have been worked out. However, approaches to the problem vary reflecting cultural norms of these countries.
It is learnt officially that a uniform policy/scheme for all India amendment of existing provisions of IPC, 1860 to provide for stringent punishment for driver, conductor and persons responsible for road rage are under active consideration of the Union Government. Other measures under consideration include enforcement of present traffic laws and rules stringently, enhancing penalties and punishments for road rage, education to youth and college students about dangers of road rage and how to handle it, introduction of road rage prevention curriculum in schools and colleges, driver education, publication of road rage manual, mediation lessons for police, mandatory training on road rage management linked to issuance of driving licence, and regulation of the possession of fire arms for people not authorized for carrying fire arms including strict penalty for its violation.
INDIA
TACKLING CHALLENGES ON ROAD RAGE
M.Y.Siddiqui - 2017-11-28 12:38
Growing number of vehicles on Indian roads has thrown a major challenges of tackling the menace of road rage as a new phenomenon. Road rage manifests in aggressive and angry behaviour by drivers with rude gestures, verbal insults, driving unsafely or in threatening manner, making threats, altercations, collision, injuries or even death. Other issues governing road rage involve poor driving skills, poor geometry of roads, poor designs of roads, speed moderating devices, chasing motorists, aggressive driving, cutting of lanes, flashing lights and loud horns.