Concerned over increasing drink driving and associated fatal accidents, Delhi Traffic Police has brought out a report this month analysing the pattern of drink-driving cases between 2012 and 2015. This is the first such report by the police, and apart from mapping the problem, the case study is also to strengthen a pitch before the judiciary for “strict action” against offenders, especially repeat violators, say sources.
Police conducted the study soon after a Supreme Court-appointed panel directed the Centre to amend laws for more stringent punishment. “The Delhi Traffic started following the new rules since December 16 last year in pursuance of the direction by the Supreme Court’s committee on road safety,” said Muktesh Chander, who was Delhi’s Special Commissioner of Police (traffic) till recently.
The study has observed that present patterns of punishment are not having the desired deterrent effect on violators. (Source: Express photo by Praveen Khanna)
A Delhi court said in February that a drunken driver was like a “live suicidal human bomb”. The court’s observation came as it upheld a six-day jail sentence awarded to a man for drink driving. The court of Additional Sessions Judge Lokesh Kumar Sharma said the man was not entitled to any leniency as the trial court had rightly opined that the alcohol content found in his blood was 42 times the permissible limit when he was riding a two-wheeler.
In January, another Delhi court observed during a case that the menace of drink driving had increased alarmingly. The court noted that the convict in the case had to undergo a jail term for five days. The convict had paid the fine, but challenged the jail term. “The menace… has assumed alarming proportions and one of the ways to curb it is by imposing severe sentence on such offenders,” Additional Sessions Judge Virender Bhatt had said.
The case study on drink driving was conducted over four months by Shweta Chauhan, an IPS officer, now posted as Deputy Commissioner of Police with the Eastern Range of Traffic.
Read | Prosecutions are not low, we are constantly focusing on enforcement: Police
Her study considers various parameters such as the number of cases prosecuted in various circles over a period and the most common type of offending vehicles. She has also tried to analyse the pattern of punishment given by courts concerned under Section 185 of Motor Vehicles Act.
After analysing the prosecution records of the last four years, she observed in her study that present patterns of punishment are not having the desired deterrent effect on drink driving violators. She also noticed private cab drivers were also caught for drink driving, which is alarming because it puts the lives of innocent passengers at risk.
Read | Drink-driving checks the norm year-round for Gurgaon police
“I have suggested in my report that, being police personnel, we should strongly recommend a jail term if the driver of a hired private vehicle is apprehended for drink driving. Also, his permit should be cancelled immediately after the intimation of Delhi Traffic Police,” Chauhan told The Indian Express.
In the report, Chauhan also observed that the most common punishment for drink driving is imposition of a fine, and few offenders are sent to jail; most are let off after paying fines from Rs 2,000 up to Rs 3,000.
Delhi Traffic Police does not maintain data that show death or injury figures due to drink driving. The official website, however, states, “Impairment by alcohol is an important factor in causing accidents and in increasing the consequences of the same”. It adds, “Alcohol consumption by drivers puts pedestrians and riders of motorised two wheelers at risk.”
According to a World Heath Organization manual, the immediate effects of alcohol on the brain are either depressing or stimulating in nature, depending on the quantity consumed. “Either way, alcohol results in
impairment which increases the likelihood of a crash since it produces poor judgement, increased reaction time, lower vigilance and decreased visual acuity… Alcohol can impair judgement and increase crash risk even at relatively low BAC (blood alcohol concentration) levels. However, the effects become progressively worse as the BAC increases.”
Sharad Agarwal, Joint Commissioner of Police (Traffic), said they have conducted the study to analyse the pattern of drink driving cases. The traffic police are cracking down on the menace by asking the transport department to cancel licences of first-time offenders as a deterrent.
According to statistics provided by Delhi Police, between January 1 and March 31 this year, 5,917 people were prosecuted for drink driving, while 1,281 licences were recommended for cancellation.
Key observations of study:
No correlation between amount of alcohol consumed and punishment
Although, according to the Section 185 of the MV Act, an offender can be sent to jail for six months for the first offence and the jail term can extend to two years for subsequent offences, a very small number of violators were given a jail term.
Top violators — People driving personal cars, two-wheelers
From 2012 to 2015, the total drink driving violations in Delhi remained in the range of 25,000 to 30,000 cases every year. Chauhan observed people driving personal cars and two-wheelers were among the top violators. Analysis shows that out of a
total of 2,544 drunken driving violators in 2015 1,717 (over 67 per cent) were on two-wheelers, while 506 ( nearly 20 per cent) were in cars.
Affected traffic circles
Drink driving cases abound in traffic circles that have long and wide roads such as Outer Ring Road, National Highway-1, National Highway-24, Vikas Marg, Ring Road and Mother Teresa Crescent Road. Cases are “rampant” in traffic circles “that house affluent colonies like Greater Kailash, Janakpuri, Hauz Khas, Punjabi Bagh, Safdurjung Enclave and Mehrauli”.
It is only the certainty of punishment and gravity of punishment that will deter the violators from indulging in drink driving and ensure disciplined driving on Delhi roads, Chauhan has observed in the report.
Hired vehicles
A large number of private cab drivers, bus drivers, auto-rickshaw drivers and Gramin Sewa drivers were prosecuted for drink driving.
Denial, arguments, name-dropping: A night in the life of a traffic officer
At 10.30 pm Saturday, assistant sub-inspector (ASI) Ramesh Chand, posted with the traffic unit of Delhi Police, flags down a car packed with young men and women at the busy Aurobindo Marg near Hauz Khas Village. He asks the young driver to park the car on the side and take the alcohol test through alco-meter (breathalyser). The youngster tests well above the permissible limit of alcohol — 30 mg per 100 ml of blood. He asks the police to take a new reading, alleging that the machine is malfunctioning.
Chand administers the test again to satisfy the youngster, whose friends are also persuasive participants in the debate with the police. The session ends with the youngster’s driving licence being seized. The youngster is left making “requests” and his friends pipe down.
Chand, 59, is a year away from retirement and has seen it all before. “Usually, people never accept they are drunk even if the device shows blood alcohol above permissible limit. The trend is on the rise these days. Going back 10 years or so, only a handful of people would be caught for drink driving. Now, one can find a queue of inebriated motorists at every corner,” says Chand, as he directs his colleague to issue a court challan to the youngster.
At about 10.45 pm, a message flashes on the wireless set, saying a group of people are creating a scene at the IIT Crossing over their vehicle being seized. This traffic point comes under Hauz Khas traffic circle, which is among the circles from where the highest number of drink driving cases are reported.
“At IIT Crossing, a man caught driving in an inebriated condition called his friends and sister. They were creating a ruckus and calling ‘prominent people’ on their phones. The situation went out of control and the inspector had to make a PCR call to rein them in,” says an officer. The man driving the vehicle does not have the necessary documents. The breathalyser shows his blood alcohol content is nearly five times the permissible limit.
Police personnel say people get caught for drink driving and start making calls to flaunt connection with bigwigs. When they create a ruckus, police capture their acts on video and make a PCR call.
Delhi has 53 traffic circles and traffic personnel conduct drink driving checks in all of them daily, between 7 pm and 11 pm. On big days such as New Year’s eve, the timings change and more personnel are deployed.
On Saturday, Chand is a part of traffic inspector Girish Kumar Singh’s team, which includes another ASI, two head constables and six constables. They get a 20-minute break for dinner. The checking drive at Aurobindo Marg ends at 11 pm. The team moves on to the Ring Road to check the credentials of commercial vehicle drivers, and the movement of other vehicles.
Study: Drink driving seen as normal traffic violation, not a crime
The December 16, 2012, fatal gangrape of a paramedical student was linked to alcohol consumption, DCP Shweta Chauhan has observed in the report analysing the pattern of drink-driving cases.
Drink driving is seen as a normal traffic violation and not a crime, due to the small punishment or fine, the traffic police case study analysing the pattern of drink-driving cases has found. The report also observed that the December 16, 2012, fatal gangrape of a paramedical student was linked to alcohol consumption.
The study shows the reason for increasing drink driving in Western Range in the last four years is the opening of several pubs and restaurants in West Delhi. (Source: Express photo by Praveen Khanna)
DCP Shweta Chauhan, who conducted the study, analysed the challan data of Eastern Range and found that 86 persons were repeat offenders, but no strict action was taken against them. “In the last two years, from the 86 repeat offenders, no one went to jail. Their driving licences were also not suspended. Out of 86, only 30 have been fined, while other matters are pending in various courts. In all the cases, traffic police has asked to suspend their licence, but not a single licence (has been) suspended so far,” she said in her report.
“The study of challans also showed that traffic circles of Southern Range were constantly top in the chart of drink driving challans since 2012,” said a police officer.
The Western Range has witnessed a rise in drink-driving cases in the last four years and is behind the Southern Range now. “The Mehrauli Traffic Circle, surrounded by farmhouses and connected with the borders of adjoining state, is among the most affected. The Mehruali-Badarpur Road and Mehrauli-Mahipalpur stretch have the most number of drunk drivers past midnight,” the officer added.
The study shows the reason for increasing drink driving in Western Range in the last four years is the opening of several pubs and restaurants in West Delhi.
How two other Cities deal with the menace
Bengaluru
“… Our instruments are calibrated once in three months with a probable error of +(-) 5%. Therefore, we do not penalise anyone below 40mg per 100ml of blood even though legal limit is only 30. Anyone driving with alcohol level below a reading of 40 is not liable for prosecution… There is no spot fine for drink driving. No police officer is allowed to collect spot fines for this offence. The person will be given a notice, sent to the court…” Source: Traffic Police website
Mumbai
Traffic police have been on a mission with ‘Don’t drink and drive’ initiative since 2007. There are more than 30
police teams deployed on the streets of Mumbai, usually on the main roads to nab offenders and about 90 breathalysers are used almost every night. The bandobast every night is usually between 11 pm and 2 am but onweekends it is usually extended, said an officer.