In just one week since enforcement of the
new motor vehicle act, a perceptible change is visible on roads at least in
cities where one could easily come across a traffic policeman anywhere. Three
days back, I drove from Delhi to Gurugram and saw all two wheeler riders
wearing helmets, traffic much better behaved at traffic lights, drivers more
patients and fewer cars attempting to overtake my car that I was as always
keeping within the speed limits. Insurance companies are reported to have done booming
business in car insurance in the last week alone. All these have followed the hefty
fines that were imposed on vehicle drivers in many parts of the country for
multiple violations of rules under the new act.
The huge fines have also drawn protests from
many quarters including some state governments irrespective of the party ruling
them. Central government have maintained that such stiff penalty is required to
bring back discipline and good behaviour on our roads where situation is most
alarming with the country having the shameful distinction of recording most
road deaths.
Those who oppose say, it is a huge burden on
the poor. Two States have even reduced rates of fine. However, whether States
are legally competent to change the rates already in the statute is not yet
clear. But their reaction clearly brings out the rot in the governance. Votes
are more important than loss of lives on roads. Having failed to meet the aspirations
of the citizens for so many decades, government look the other way when laws
are broken with impunity. In any case politicians seem to believe laws don’t
apply to them and don’t seem to mind if others emulate them.
Many have felt that new fines would have an
undesirable effect of corruption shooting up among already corrupt policemen
because rates of bribe would also go up proportionally. To this some have
replied somewhat cynically, that it is not ethics but economics - bigger bribe
demanded by policemen would still remain a bigger deterrent to make erring
drivers behave responsibly.
Despite the opposing voices however, no large
widespread protests against the new law has been reported. This is perhaps an indication
that most people have accepted the new provisions even if grudgingly.
The salutary effect in the initial days of
introduction of hugely enhanced rates of fines on behaviour of drivers on roads
may be a proof of the efficacy of financial penalty for commonly committed
violations. The effectiveness of fines is not something new. In colonial times,
British administrators of districts used it as an executive action to maintain
law and order, though sometimes unfairly to Indians. During my childhood days
in my village in the fifties, I found quite a few elders who were admirers of
the colonial administration in respect of effectively maintaining law and
order. What may have helped those administrators was also that they held both
the administrative and judicial roles of the district.
A former chief minister of a North Indian
state is said to have once joked that the best judicial system would be one
that fines poor criminals and imposes jail sentences on rich criminals. His
logic was- a poor man struggling every day for his daily bread may take up
petty crimes and will actually find relief on being jailed with two free meals
a day but a fine on him would be a real hardship. For a rich people who go for bigger crimes, a
fine would be no punishment. We see how the rich-businessmen, political leaders,
put all their legal resources just to escape being arrested and put in jail.
The impact of recent motor vehicles fines
delivers a big lesson that right financial penalty produces desired results to
deter offences. Why then it should not be replicated in all other civil
offences and may be even in case of small crimes. Citizens particularly in cities and towns in most
parts of the country suffer a lot of nuisance and harassments every day- encroached
roads and footpaths by vehicles, traders and hawkers, running commercial
business in residential housing societies, blaring music from cars or
celebrations into late night, drinking alcohol in public places and creating
noise and nuisance etc. Many complaints go to police or courts, orders issued
but result remained inadequate. One offender may be hauled up but another ten
comes up in no time. Provision of big fines would certainly provide not only an
effective solution but reduce litigation, time of courts and police, their time
and effort to gather and examine evidence etc. A camera or video recording of
the offence taken by body camera of policemen should be considered sufficient evidence
to impose the fine.
It is not that there are no provisions for
fines for these offences under local government or municipal laws but they are
diluted or ignored by agencies in absence of political will. Even in the case
of the new Motor Vehicle Act, many local politicians would love to make it
toothless which however they may not succeed, considering that it is an act
made by the Parliament.
Therefore
in order to have the right sting and impact, these offences and the right
amount of fines would have to be covered under a national act, say, “Civic
conduct and offences Act’. If such an act is put in place, we may perhaps see
better days in our neighbourhoods as well just like on roads after the new MV
Act.
