As per WHO report close to 1.5 lac people die of road accidents in india. Driving under influence of alcohol increases the risk of road crashes by 2.2 times as compared to non-users, deaths by 2 fold and injuries by more than 1.5 times
Urbanization and growing affluence has lead to more instances of drunk driving in India.In this article, we look at the laws pertaining to drunk driving in India and the punishment for drunk driving.
Different Legal Drinking Age:
Some states in India has banned consumption of alcohol completely like Gujarat, Bihar, Manipur and Nagaland. However each state has different legal ages for drinking which varies from 18 years to 25. For instance, state like Goa, Himachal Pradesh, Karnataka have a legal drinking age of 18 years. States like Delhi, Haryana and others have a legal drinking age of 25 years, while most states have a legal drinking age of 21 years.
Any person who in his/her blood has alcohol exceeding 30 mg per 100 ml of blood, detected in a test by a breath analyser is said to be driving under the influence or drunk driving
Indian Law on drunk driving:
Section 185 in The Motor Vehicles Act, 1988 makes driving under the influence a criminal offence in India. Driving by a drunken person or by a person under the influence of drugs is punishable for the first offence with imprisonment for a term of up to six months and/or with fine which may extend to 2000 rupees. Second or subsequent offence, if committed within three years of similar offence is punishable with imprisonment for a term of up to two years and/or with fine of 3000 rupees.
The Motor Vehicle Amendment bill aims to improve road safety and provides for higher level of fines and penalty for drunk driving. The penalty for drunk driving under the Motor Vehicle (Amendment) Bill 2016 has been increased from 2000 rupees to 10,000 rupees.
Awareness towards drunken driving :
A study by the National Institute of Mental Health and Neuro Sciences (NIMHANS) found that 99% of drivers who drink and drive agree that it (drinking and driving) is dangerous and 97% were aware that it is prohibited under laws. Despite this, many Indians are still getting behind the wheel whilst intoxicated is because the rules are not implemented strictly on the ground.
Laws around the world :
- Russia, drunk drivers simply lose their license for life.
- France, drinking and driving is punishable by the equivalent of a $1,000 fine, imprisonment for one year, and loss of license for three years.
- Finland and Sweden automatically sentence drunk drivers to one-year jail sentences including hard labor.
- Norway, a drunk driver is jailed for three weeks with hard labor and the offender loses their license for a year. If they do it again, they lose their license forever.
- South Africa, drinking and driving results in a ten-year prison sentence or the equivalent of a $10,000 fine and, in some cases, both.
Is it enough?
The Indian Motor Vehicle Act is weak in India due to poor co-ordination of the centre and state governments where different rules are being followed. Below factors effect for the inefficiency of the system
- No strict enforcement of rules by officials
- Corruption (Officials are bribed)
- Limited use of technology
- Ineffective penalty levels(even after the amendment bill 2016)
India needs tougher laws as compulsory prison time if found to be drunk while driving along with cancellation of licence for a specific period. Only by enabling tougher laws and ensuring its followed will increase awareness and reduction in accidents due to drunk driving.
References:
https://extranet.who.int/roadsafety/death-on-the-roads/#country_or_area/IND
Click to access Advancing%20Road%20Safety%20in%20India%20Summary%20Report.pdf
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