Demonic Delhi traffic is part of many a conversation piece. Yet,when we are out on the roads in our fancy vehicles,we become a part of a large chaotic,uncivilised,uncaring and jostling bunch of road users,who neither know the law which governs us (since we were never told) nor are deterred by challaning policemen (since that is always negotiable). Lets face it no authority in the world can possibly police every inch of the road; so to expect miraculous laws and idealistic enforcement to keep us moving in straight lines,with controlled speed and with due care and respect for other road users,is rather far-fetched.
What is required is implementing an extremely strict and incorruptible driving licence regime,preparing a standardised road lane/ road signs policy and then effective campaigns targeted at drivers spread over months/ years. And then bringing in zero-tolerance.
The background for this is the constitutional quagmire regarding road safety legislation. As per the Constitution,while Parliament can enact laws relating to national highways,non-motorised transport is a state subject; and motorised transport is shared between the Centre and the states. It is under this power that the Central Motor Vehicles Act has been enacted. The states too,therefore,have their own Motor Vehicles Acts. Pan-Indian legislation doesnt exist,and is needed.
After all,there is no point in discussing enforcement if a road user does not even know what he needs to do in order to be on the right side of the law! Start by using
Section 12 of the MV Act to regulate driving training schools. It could be made mandatory to be certified from such carefully-audited schools. This would circumvent,at least to some extent,unchecked and rampant tout-led licence procurement at RTOs.
The driving licence should be used as the most potent weapon to deter road indiscipline. Follow Section 24 of the MV Act and introduce an endorsement system on licences,so it records each serious driving offence of its holder. Apparently,the digitisation and networking of all RTOs in the country is on; this should make it easy for the police or the traffic offence courts to record a black mark on the licence; frequent black marks could cause automatic suspension. An over-reliance on enforcement and penalty requires dependence on an already over-burdened and highly inefficient criminal justice system. Therefore,it is important to shift focus to a more practicable deterrent.
A rather important but largely ignored regulation is the Rules of the Road Regulations 1989,which prescribe directions for traffic flow and traffic discipline (including pedestrian rights,emergency services rights). These govern everyday flow of traffic on the roads. There is no specific penalty prescribed for their violation; and the only penalty is under Section 177 of the MV Act a fine of Rs100 for the first offence and Rs 300 for the second and subsequent offences. Not enough deterrence by any means.
Lane markings and complete compliance to those are critical to the flow of traffic. Markings are the only method by which each user predicts the behaviour of other users. And yet India has no detailed standards for laning and markings.
The hope for a civilised and disciplined city traffic must not be lost. It cannot be deadline 2010 (we have lost that opportunity) but can certainly be deadline 2012. We just need a simple robust medium-to-long-term policy of coupling education with enforcement and the bhagidhari of me and you. As the Supreme Court ruled in a 1997 order: the control and regulation of traffic in NCR and NCT,Delhi,is a matter of paramount public safety and therefore is evidently within the ambit of Article 21 of the Constitution the right to life itself.
The writer practises at the Supreme Court
express@expressindia.com
