Dilution Of MV Act Will Lead To More Casualties

Sharif Qamar Jan 23, 2020

The Government of Gujarat recently relaxed the need for two-wheeler riders to wear helmets while driving on roads managed by municipal corporations. It was also the first among state governments in the country to reduce the fines imposed under the Motor Vehicle (Amendment) Act, 2019, which came into force from September 1, 2019. Several other states have also shown reluctance in implementing the Act, which was enacted with stricter penal provisions, in toto.

One of the key motives to introduce stricter provisions was to encourage people to follow traffic rules and thereby improve road safety.

India tops the list of countries with the number of deaths caused due to accidents, followed by China and the United States. As per the latest data released by the Ministry of Road Transport and Highways, there is an increase in the number of accident-related fatalities from 1,47,913 in 2017 to 1,51,417 in 2018. About 86% of the victims were in the age group of 18-60 years – so-called working age. Statistics also indicate that over-speeding, which falls under the violation of the traffic rules category, accounted for about 65% of the total killing on road in 2018. Further, 29% and 16% of the deaths were related to non-use of helmets by two-wheelers and seat-belts in passenger and commercial vehicles, respectively.

In 2015, under the Brasilia Declaration, India had committed to achieve a 50% reduction in accidents and fatalities by 2020. Given the track record, the target is far from being achieved by the country.

In the last few years, various stakeholders have undertaken initiatives to reduce the number of fatalities. One of the key steps in this direction was the setting up of a three-member Committee on Road Safety by the Supreme Court of India in April 2014. The Committee has made recommendations related to policies, institutional setup, and infrastructure to the state governments and sought action taken reports to ensure on-ground implementation of measures.

Coming back to the Motor Vehicle (Amendment) Act, 2019, it specifically tries to counter the major causes of deaths by imposing significantly higher penalties for traffic violations – five to 20 times higher than what was imposed earlier. The extremely high penal provision aims to deter wilful defaulter and make them accountable for safer driving practices. The Act also deals with effective monitoring and enforcement of road safety with the insertion of special sections. These include – Section 134A (protection of Good Samaritans), Section 136A (electronic monitoring and enforcement of road safety), Sections 194A to 194F (dealing with excess passengers, seat belt, passage to emergency vehicle, and inappropriate use of horns), Section 199A (offenses by juveniles), and Section 215B (constitution of the National Road Safety Board).

Besides, the new Motor Vehicle Act also incorporates the inclusion of new sections for effective monitoring and enforcement (Sections 25A, 62B, 177A), better coordination (Sections 66A, 88A), and improved compliance (Section 198A).

With the introduction of new sections related to road safety in the MV Act, 2019, experts believe that there will be a significant reduction in the number of fatalities and serious injuries on account of road accidents. However, a concerted effort should be made to not dilute the safety objectives intended under the new amended Act. Most importantly, the central ministry and state governments should work towards implementing the directives of the Supreme Court issued in November 2017, which are, in turn, based on suggestions made by the Committee on Road Safety.