Abstract
Drunk driving is a serious issue in India that has resulted in a significant number of road accidents and fatalities. The government has taken steps to address this problem by implementing stricter laws and penalties for those caught driving under the influence of alcohol. However, enforcement of these laws has been a challenge due to the lack of adequate testing facilities for Breathalyzer tests and the lack of awareness among the general public about the dangers of drunk driving. To address this issue, there is a need for a more comprehensive approach that includes not only stricter laws and penalties but also better enforcement, awareness campaigns, and rehabilitation programs for those who have been caught driving under the influence of alcohol.
Keywords
Breathalyzer, penalties, awareness campaign, rehabilitation programs, challenges, underage drinking
Introduction
Drunk driving refers to the act of operating a motor vehicle while under the influence of alcohol. It is a serious issue in India, with a significant number of road accidents and fatalities attributed to it. Drunk driving laws in India have evolved over time, with the first legislation introduced in the early 1900s. However, despite these measures, drunk driving continued to be a major problem on Indian roads. In recent years, the government has taken steps to address this problem by implementing stricter laws and penalties for those caught driving under the influence of alcohol. Drunk driving is a serious problem in India that has resulted in numerous accidents and fatalities. Despite the existence of laws and penalties, the problem persists due to a lack of enforcement and awareness among drivers. This essay will explore the problem of drunk driving in India, the need for stricter laws and penalties, challenges in enforcing these laws, and the importance of a comprehensive approach to addressing the issue.
Problems related to drunk driving in India
Despite the strict laws and penalties in place, drunk driving remains a significant problem in India. Some of the problems related to drunk driving in India include:
- Lack of awareness: Many drivers in India are not aware of the dangers of drunk driving and the legal consequences of being caught.
- Poor enforcement: While the laws are in place, enforcement is often poor, and offenders may escape punishment.
- Cultural acceptance: In some parts of India, drinking and driving is still seen as acceptable behaviour, which can make it challenging to change attitudes and behaviours.
- Lack of alternatives: In some areas, there may be limited public transportation options or ride-sharing services, making it difficult for people to avoid drunk driving.
- Underage drinking: Underage drinking is also a problem in India, with many young people engaging in risky behaviour and driving under the influence.
Addressing these issues will require a multi-faceted approach that includes education, enforcement, and the development of alternative transportation options.
Stricter laws and penalties for drunk driving
IPC Section 185, Motor Vehicles Act, 1988[1]
If a person is found driving a vehicle with 30mg per 100ml of blood in the body, is tested by a breath analyzer, or is under the influence of a drug and is unable to exercise proper control over the vehicle, a drinking and driving case is considered. The first offence is punishable by a 2,000 rupee fine, up to six months in prison, or both.
If the subsequent offence occurs within the next three years, it is punishable by a Rs. 3,000 fine, up to two years in prison, or both. Section 185 of the Motor Vehicles Act of 1988 enforces these standards. As a result, rules must be followed and accurate and precise records must be kept.
The Motor Vehicle (Amendment) Bill, 2016[2]
In India, drunk driving is punishable under the Motor Vehicles Act, 1988.[3] The legal limit for alcohol consumption while driving is 30mg/100ml of blood. If a driver is found to be exceeding this limit, they can face penalties such as a fine of up to Rs. 10,000 or imprisonment for up to six months for the first offense. For subsequent offenses, the penalty can go up to Rs. 15,000 and imprisonment for up to two years.
In addition to these penalties, the offender’s driving license can also be suspended or cancelled. The police can also impound the vehicle and release it only after the offender pays a fine.
The severity of the punishment depends on the level of alcohol in the driver’s bloodstream. If the alcohol level is between 30mg/100ml and 60mg/100ml, the offender can be charged with a non-bailable offense. If the alcohol level is above 60mg/100ml, the offender can be charged with a bailable offense.
Challenge in enforcing drunk driving laws
Enforcing drunk driving laws in India can be challenging due to a variety of factors, including:
- Lack of resources: Law enforcement agencies may not have the necessary resources, such as breathalysers and trained personnel, to effectively enforce drunk driving laws.
- Corruption: Corruption is a significant problem in India, and some law enforcement officials may be willing to overlook drunk driving offenses in exchange for bribes.
- Political interference: Political interference can also hinder effective enforcement of drunk driving laws, with some officials being protected from prosecution due to their political connections.
- Inefficient legal system: The legal system in India can be slow and inefficient, which can delay the prosecution of drunk driving offenders.
- Lack of public support: Without public support for strict enforcement of drunk driving laws, it can be challenging for law enforcement agencies to effectively deter offenders.
To address these challenges, there needs to be a concerted effort to provide law enforcement agencies with the necessary resources and training, tackle corruption and political interference, and improve the efficiency of the legal system. Additionally, public awareness campaigns can help to build support for strict enforcement of drunk driving laws.
The need for a comprehensive approach
A comprehensive approach is needed to tackle the problem of drunk driving in India. This includes better enforcement of drunk driving laws, awareness campaigns to prevent drunk driving, and rehabilitation programs for offenders.
- Better enforcement of drunk driving laws
There is a need for better enforcement of drunk driving laws through regular checks and increased penalties for offenders. This can be achieved by increasing the number of breathalysers and sobriety tests conducted by traffic police.
- Awareness campaigns to prevent drunk driving
Awareness campaigns can play a crucial role in preventing drunk driving. These campaigns should focus on educating people about the dangers of drunk driving and promoting responsible drinking habits.
- Rehabilitation programs for offenders
Rehabilitation programs for offenders can help them understand the consequences of their actions and prevent them from repeating their mistakes. These programs should include counselling, therapy, and community service.
Case laws
- Mr. Nikhil Wagle & Ors vs The State Of Maharashtra & Ors [4]
- Manikandan vs P.Palani[5]
- R N Mathur vs State (Finance Department)Anr[6]
- Vismay Amitbhai Shah vs State of Gujarat[7]
Conclusion
Drunk driving is a serious issue in India that requires urgent attention. The government has taken steps to address this problem by implementing stricter laws and penalties for those caught driving under the influence of alcohol. However, enforcement of these laws has been a challenge due to the lack of adequate testing facilities for breathalyzer tests and the lack of awareness among the general public about the dangers of drunk driving. To address this issue, there is a need for a more comprehensive approach that includes not only stricter laws and penalties but also better enforcement, awareness campaigns, and rehabilitation programs for those who have been caught driving under the influence of alcohol. Only then can we hope to reduce the number of accidents caused by drunk driving and make our roads safer for everyone.
This article is written by Muskan Jaiswal, Bharati Vidyapeeth New Law College, Pune, BBA-LLB 2ND year during her Internship at LeDroit India.
[1] https://vakilsearch.com/blog/drunk-driving-laws-and-punishment-in-india/
[2] https://vakilsearch.com/blog/drunk-driving-laws-and-punishment-in-india/
[3] https://www.indiacode.nic.in/handle/123456789/1798?sam_handle=123456789/1362
[4] https://www.the-laws.com/encyclopedia/browse/case?caseId=316102200000&title=-mr-nikhil-wagle-and-others-vs-the-state-of-maharashtra-and-others
[5] https://www.the-laws.com/Encyclopedia/Browse/Case?caseId=210202386000&title=manikandan-vs-p-palani
