Pune, Worli hit-and-run cases: India is angry, but can our laws ensure justice to victims?

The recent incidents of Pune and Worli hit-and-run cases have shocked the country. While two young professionals lost their lives in the Pune incident, a woman in her 50s was killed in the Worli hit-and-run case. In both cases, the accused were found to be driving their cars in an inebriated state.

There was another similarity in both cases - both the accused belonged to influential families and had used power and money to evade the law.

The lack of convictions and speedy justice in such cases have led to the belief that perhaps the law is also not equal for all and the rich can get away by committing horrendous crimes, such as running over pedestrians under the influence of alcohol.

The Pune accused was a minor at the time of the accident and was asked to write an essay on traffic laws and work with the cops as punishment. The decision had drawn a lot of flak from common citizens who demanded stringent laws even for minors in such cases.

India has been facing a surge in road accidents, with two distressing trends emerging: a sharp rise in drink-driving incidents and hit-and-run cases. This increase in reckless behaviour is not only claiming innocent lives but also highlighting glaring gaps in enforcement, awareness, and the justice system.

Worrying data

As per the latest statistics from the Ministry of Road Transport and Highways (MORTH), road accidents are one of the leading causes of death in India. A total number of 4,61,312 road accidents have been reported by the police departments of all the states and Union Territories (UTs) of the country in 2022, claiming the lives of 1,68,491 people and causing injuries to 4,43,366 others.

While driving under the influence has long been a concern, the problem appears to have escalated in recent years, with a worrying rise in fatalities and injuries linked to alcohol consumption behind the wheel.

The cases of driving under the influence of alcohol and drugs have surged in 2022 from 2021. While 2,929 such cases were reported in India in 2021, the figure rose to 3,268 the next day, leading to 1,503 fatalities. The number of deaths has thus gone up by 11.2 per cent, MORTH stated.

Hit-and-run cases have also seen an alarming surge. According to a report by the National Crime Records Bureau (NCRB), around 60 per cent of road fatalities in 2022 were a result of hit-and-run incidents. While the families of the victims are left devastated and run pillar-to-post for justice, the accused get away with the crimes. As trial in the country is a time-consuming process, most spend a few months behind bars after their conviction, as their jail time during the hearing is also accounted for.

Impact of laws

Urbanisation and economic growth have increased the number of vehicles on Indian roads. This has also led to more difficulties in checking motorists who drive recklessly, especially at night on relatively empty roads.

In many cases, victims are left to die as the accused fear legal repercussions or confrontation with angry mobs.

India has strict laws in place to curb drunk driving and hit-and-run incidents, but enforcement and public awareness remain significant challenges.

Section 185 of the Motor Vehicles Act, 1988, makes it illegal to drive a vehicle under the influence of alcohol or drugs. As per the law, violators can face a fine of up to ₹10,000 and/or imprisonment of up to six months if they are caught drinking and driving for the first time. Repeat offenders can face a fine of ₹15,000 and/or imprisonment of up to two years. Additional penalties can include licence suspension and mandatory attendance in de-addiction programmes.

However, the effectiveness of these laws remains questionable owing to inadequate implementation and a lack of stringent checks, especially at night. While major cities have implemented breathalyser tests and increased vigilance, the rural and semi-urban areas lack robust enforcement mechanisms. Corruption and bribery also erode the impact of the law, as offenders often escape penalties by paying off law enforcement officers.

"Lack of checks on drivers and bars is leading to a rise in such cases. Barring a few occasions, such as New Year's Eve, how often do the police check motorists for drunk driving? They need to increase such checks and also ensure with timely raids on lounges and clubs that people are not being allowed to drive after drinking," believes Roshni Thakur, a second-year sociology student who volunteers with a non-governmental organisation.

However, a Mumbai Police officer from the western suburbs, on the condition of anonymity, has refuted the allegations and stated that the cops regularly undertake random checks to ensure that people are not drinking under the influence of alcohol.

"The awareness around the dangers of drinking and driving remains low. With weak enforcement of laws, many drivers feel empowered to take risks, leading to tragic outcomes. We have been tying up with colleges and big organisations to raise the issue of drunk driving among students and youth," said Thakur.

Section 161 of the Motor Vehicles Act specifies that the driver involved in an accident must stop and provide necessary assistance to the victim. If a driver is found guilty of fleeing the scene without providing help, they are liable to be charged with culpable homicide for rash and negligent driving. The offender can be fined up to ₹2,000 and/or face imprisonment of up to two years in hit-and-run cases. If the incident results in death, the imprisonment can extend up to 10 years.

To address the growing concern over hit-and-run cases, the government introduced a compensation scheme that provides a fixed compensation of ₹50,000 for victims of hit-and-run cases involving grievous injuries and ₹2 lakh for fatalities. However, these amounts are often seen as inadequate.

Are the laws ineffective?

"Firstly, the maximum punishment is just 10 years, which is far too little in cases that lead to fatalities. Besides, even to ensure that the offender gets 10 years of jail is a difficult and time-consuming process. The hearing itself could go beyond 10 years. During the hearing, rich and influential families use arm-twisting tactics to get away. The fines and compensation are also too little," said lawyer Suraj Purohit.

Echoing his thoughts, Vivek Handa, another lawyer, said, "There is widespread corruption from top to bottom of the system. We cannot deny that. In the Pune Porshe case, we have seen how money power was used to swap the blood samples. That is just the tip of the iceberg. There are many cases that have raised questions on the integrity of top-ranking police officers across the state to even judges. While these allegations may never be proved, the focus should be on preventing accidents first."

Going forward…

"We need stricter penalties, higher fines, and longer jail terms for drunk driving offenders. There must be stringent laws for juveniles also. Merely arresting their parents will not help. At 17, one is very well aware of the consequences of drinking and driving. Also, in cases resulting in disabilities, victims must receive lifelong compensation," added Handa.

Countries such as Australia and Sweden frequently conduct drunk driving checks. While they have greatly benefitted from this exercise, it is also important to note that they have a much smaller population than India, which already has a poor police-people ratio.

However, technology could play a pivotal role. Automated surveillance systems and smart traffic monitoring systems can help reduce drunk driving incidents.

Apps that allow citizens to report hit-and-run cases with real-time tracking can not only encourage accountability and faster law enforcement response but also ensure saving the victim's life by providing them with timely medical help.

On a community level, colleges, schools, offices, and NGOs can conduct public awareness campaigns on the issue. Corporates also need to tie up with NGOs for the cause.

Finally, the law must act as a deterrent. If culprits are punished severely in a timely manner, it will act as an example for others.