BANGALORE: Negligent drivers who cause
deaths on the road may never be able to drive after such accidents.
The state government plans to bring in stricter laws, as it believes
stringent action against errant driving reduces accidents. Such provisions will
be invoked against habitual offenders.
But enforcing such rules will
need a comprehensive database of traffic offences. Traffic and police officials
can refer to such a database and book repeated offenders. The transport
department is building such a database with financial assistance from the
central government.
“The Centre has released Rs 5 crore for
this purpose,’’ transport minister R Ashok told reporters on
Tuesday. In case of traffic violations, the owner and the driver will be
punished.
But does the law allow for such stern action where a
habitual offender shall be asked never to drive again in his life? Transport
department officials say the law provides for such punishment, and the
government can frame and enforce such rules. “Such rules can be enforced
against habitual offenders. We have not been doing that as we don’t have a
database yet,’’ said joint commissioner (transport) M K Aiyappa.
However, legal experts say the issue is more complicated than the
government thinks.
“Asking someone not to drive after he has
already been convicted of negligent driving amounts to punishing him twice for
the same offence,’’ former advocate-general A N Jayaram said.
“First of all, the government cannot decide whether a
driver’s negligence led to someone losing his life. It is a matter for the
courts to decide. Secondly, once a driver is punished for causing
someone’s death due to negligent driving, he is cleared of the charges. He
can’t be tried or punished by the government again. If such rules are
framed, they can be challenged,’’ Jayaram said.
toiblr.reporter@timesgroup.com