PART- I
Over the years, an overlooked yet critical issue of rising road accidents has silently become a leading cause of fatalities in the valley. In Kashmir, there has been a significant increase in vehicle registrations since 2004. Between 1971 and 2004, a total of 154,277 vehicles were registered. However, from 2004 to 2021, the number of registered vehicles surged to 722,199, marking a 468% increase. This surge in vehicle numbers has, however, not been matched by proportional improvements in road safety measures or traffic management systems. This growth is attributed to factors such as increased urbanization, better road infrastructure, and growing demand for private vehicles. The trend includes a substantial rise in the registration of private cars and two-wheelers.
Legislative Framework: Enhancements to the Motor Vehicles Act, 2019
The amendments to the Motor Vehicles Act, 2019, aim to address rising road safety concerns nationwide, including the alarming trends observed in Jammu and Kashmir by introducing stricter penalties and provisions for various traffic offenses, targeting manufacturers, dealers, and vehicle owners to ensure compliance and road safety. Key changes include increased fines, such as Rs 5,000 for unauthorized driving (Section 180) and driving without a license (Section 181), alongside harsher punishments for altering vehicles against regulations (Section 182A), which may lead to imprisonment or fines of up to Rs 1 lakh per vehicle for manufacturers.
Dangerous driving (Section 184), including reckless driving and unlawful overtaking, now attracts imprisonment up to one year or a fine of Rs 5,000. Dealers and vehicle owners face severe penalties under Section 192B for false registration details, including imprisonment and heavy fines based on road taxes. Additional provisions include fines for unsafe vehicle components (Section 182A (3)), overloading penalties (Rs 20,000 plus Rs 2,000 per ton), and violations involving seat belts, emergency vehicles, or noise pollution (Sections 194A to 194F).
Offenses by juveniles (Section 199A) impose accountability on guardians and vehicle owners, with penalties up to Rs 25,000, imprisonment of up to three years, and vehicle registration cancellation. Authorities failing road safety standards (Section 198A) face fines of Rs 1,00,000, while annual fine increments (Section 199B) ensure dynamic enforcement. Enhanced penalties
across sections emphasize safety, accountability, and deterrence, promoting improved road behaviour and adherence to traffic laws.
Alarming Statistics: Road Accidents and Fatalities
The rising fatality rates highlight gaps in existing safety measures, indicating the need for robust interventions in road safety enforcement and public awareness. A detailed study from the Sher-i-Kashmir Institute of Medical Sciences (SKIMS) covering the period from 2014 to 2016 reveals that most road accident victims in Kashmir were young adults, particularly in the 21-30 age range, with the majority sustaining head injuries. Two-wheelers were involved in a significant portion of these accidents.
The data on accidents and fatalities in Jammu and Kashmir from 2015 to 2023 presents a concerning trend. Over this period, a total of 28,735 accidents were recorded, leading to 4,781 fatalities, indicating an average fatality rate of approximately 16%. The figures reveal a persistent pattern of road mishaps, with both the number of accidents and deaths showing notable fluctuations. From 2015 to 2019, the number of accidents hovered around 5,500–5,900 annually. Fatalities during these years ranged between 917 and 996, peaking in 2019 with 996 deaths despite a slight decline in the number of accidents compared to 2018. This indicates an increase in the severity or fatal nature of accidents.
In the subsequent years, the data for 2020–2023 shows a gradual rise in both accidents and fatalities. In 2020, there were 4,860 accidents leading to 728 deaths. By 2021, accidents increased to 5,452 with 774 deaths, and in 2022, 6,092 accidents resulted in 805 fatalities. Preliminary data for 2023 suggests approximately 800 accidents and 893 fatalities, reflecting a steep rise in the fatality rate compared to earlier years.
The statistics highlight the persistent issue of road safety in the region, with an alarming trend of rising fatalities despite ongoing efforts. This demands a thorough review of traffic regulations, road infrastructure, and emergency response mechanisms to curb the growing number of preventable deaths.
Challan as a Punishment
Accidents remain a neglected social problem, as the punitive challan system overlooks the underlying issues of road safety, focusing on penalties rather than sustainable solutions. While the challan system has generated substantial revenue, its punitive focus fails to address the root causes of traffic violations, such as lack of awareness, poor infrastructure, and inadequate enforcement. The practice of issuing challans (fines) for traffic violations aims to enforce road safety and instil discipline among drivers.
In recent years, particularly following the tragic accident involving two schoolboys at Tengpora bypass in srinagar, this system has generated substantial revenue, often amounting to crores of rupees. However, despite the punitive measures, accidents have continued to occur, including several in the past two weeks. The challan system is overly punitive and prone to corruption. It often provides opportunities for bribery, allowing violators to evade fines by paying off officials. While fines may temporarily curb traffic violations, they fail to bring about lasting behavioural change among drivers. The current system appears to prioritize penalization over creating awareness and educating the public about road safety.
Community Engagement and Awareness Campaigns
Accidents, as a pervasive menace, pose a grave threat to community well-being and must not be normalized or accepted, demanding urgent collective action to foster a culture of road safety and responsible behaviour. Public awareness campaigns on road safety should prioritize grassroots engagement, targeting schools, secondary schools, mohallas, and village communities to instill a culture of traffic discipline. Regular campaigns using mediums like radio, television, social media, and street plays can effectively educate the public about the dangers of over speeding, drunken driving, and disregarding traffic signals. Partnerships with educational institutions can engage younger generations through peer education models, encouraging students to spread awareness about road safety. At the community level, respected figures such as ward members, panchayat leaders, and religious leaders can play a pivotal role. Influential religious scholars, for instance, can deliver sermons during Friday prayers, while panchayat leaders can address community gatherings to emphasize that following traffic rules is both a civic responsibility and a moral obligation.
It is also the need of the hour to introduce legal studies in secondary schools to create awareness about basic laws, including motor vehicle laws, equipping students with essential knowledge to become responsible citizens. By integrating this Act into the curriculum for classes 10th, 11th, and 12th, students can gain practical knowledge about road safety, traffic regulations, and responsible behaviour as future drivers or pedestrians. This initiative will not only enhance legal literacy but also cultivate responsible citizenship among the youth. Educating students about such laws at an early stage empowers them to contribute to a safer and more disciplined society, reducing road accidents and promoting adherence to traffic norms.
(To be continued…)
(Author is currently working as Assistant Professor in University Institute of Legal Studies, Chandigarh University. Feedback: [email protected])
