Driving under the influence of alcohol at mind boggling speeds and running over people with their SUVs have become a frequent norm of road accidents in India.
Each time such accidents take place, police arrest and send the accused to jail and step-up checks for drunk driving for a time; netizens air their anger; and a blame game is initiated. But the best lawyers are engaged to ensure that the accused are released from jail as soon as possible and guards are dropped until another such incident shocks the nation.
Hyderabad once again woke up to the news of the horrific accident wherein a 25 year old Rohit Goud and his gang of friends went pub-hopping recently, and Rohit, high on alcohol, took the wheel of his swanky Porsche Cayene and reportedly drove at high speed right into two workers, killing them instantly.
Similarly, on August 1, Friendship Day, youngsters dressed in their best were out celebrating, taking advantage of the great deals on liquor offered by pubs and other watering holes. Among them was D Ashritha. After partying hard, she was returning home in a car with her friends. One of them, Abhishek, who was allegedly in a drunken condition, was behind the wheel and the vehicle crashed into roadside boulders. Ashritha died, while others escaped with minor injuries. Abhishek was charged with culpable homicide not amounting to murder.
Extended responsibility
Is the person who is driving under the influence of alcohol alone responsible for such mishaps? Do parents have a responsibility if their child causes an accident after excessive consumption of liquor? Should they be charged by the police too? What about the pubs, which, in the interests of their business, continue to serve customers even though fully aware that they are in no position to drive? Should they be charged for abetting accidents, and their licenses cancelled? Does society have a role to play in such mishaps?
Recently, a jury in Texas awarded the largest ever personal injury compensation in that country to a family who lost two members in an accident caused by drunk driving. Tamra Kay Kindred and her 16-year-old granddaughter were hit by a man high on alcohol. The lawsuit named the bar and its owner was sued for negligence.
Suppliers as abettors?
In India, fixing of extended responsibility is yet to happen. “As long as a vehicle driver is a major, legally there is nothing we can do either against the parents or the pub/bar owners,” says A R Srinivas, DCP, West Zone, Hyderabad, where the Rohit Goud incident happened. The IPS officer however says bar and pub owners are regularly counselled to promote valet driving and prevent drunk driving.
“But if the person behind the wheel is a minor, both parents and the pubs are responsible and accountable,” he clarifies.
A matter of individual choice
Amit Gulabani, who owns a franchise of a US-based pub Hard Rock Cafe in Hyderabad, insists that those serving alcohol are in no way responsible for the actions of those consuming it. “We, at HRC, don’t encourage our guests to drink and drive and never will,” he asserts. However, “Driving under the influence of alcohol is one of the most preventable crimes, but it starts with a choice,” he says, and feels it would be unfair to hold the restaurant responsible for serving drinks.
Parenting points
Senior IPS officer Shikha Goel feels it is part of parenting to instil values and respect for law in children. A mother of two, the IPS officer who is Additional Commissioner of Police (Crimes), Hyderabad City Police, says, “It is the job of society as a whole, including parents, teachers, media and the police, to ensure that rules are respected. Children should be made aware of the consequences of their choices and behaviour,” she says.
Shahbaz Hussain, owner of Button Eyes Resort, also feels that parents play an important role in counselling their kids. “The 20+ kids should understand that their future is at stake if cases are booked against them. In fact, police teams with psychologists should go to colleges and explain the perils of drunken driving,” he suggests.
Family involvement
Typically, the role of the police in road accidents involving drunk driving is limited to shifting the victim's body to the morgue and arresting the person behind the wheel after gathering evidence from either eye-witnesses or CCTVs. The investigation does not include the pubs/bars involved, or the parents and relatives of the accused.
A police official who requested not to be named, however, points out that the uncontrolled drinking tendencies of people are usually known to their parents and/or spouses, and just because a person is an adult, families cannot absolve themselves of responsibility for that person’s irresponsible behaviour.
Matters of state
“In the Rohit Goud case, the bartender has abetted drunk driving, which ended up in the horrific deaths of the two people,” says former MP Konda Vishveshwar Reddy. Pointing out that instances of drunk driving happen after parties as well, he feels hosts of these parties should also be held guilty of abetment.
Making a political point, he says, “Most importantly, the State Government which is encouraging drinking by opening liquor shops everywhere can also be construed to be abetting the crime of drunk driving. The State should stop encouraging alcohol sales, regardless of how much additional revenues it brings. It is a moral responsibility of the government,” he says. According to Vishveshwar Reddy, “Alcohol sales in Telangana increased 300% after the state was formed.”
What the law says
Shraddha Gupta, senior advocate, talks about what the law says in this regard:
Causing hurt, injury, death etc. on account of rash and unauthorized driving are punishable under the Motor Vehicles Act and the Indian Penal Code.
In view of the increased rate of accidents by under-age drivers, the Motor Vehicles Act was amended in 2019 to and a section included, saying that where an offence under this Act has been committed by a juvenile, the parents/guardian are to be held accountable for the actions of their children to the extent that they can be imprisoned, fined up to `25,000 and run the risk of cancellation of registration of the vehicle involved.
The aim was to alert guardians to be cautious in permitting their under-age children to drive vehicles. Though there is limited awareness of this change in the law, there has indeed been a decline in the rate of road accidents caused by minors after the amendment was made, she says.
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Sept 1
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June 27
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March 21
An 18-year old rammed his Mercedes AMG GLE Coupe into a Maruti Suzuki Ertiga and two cycles, killing three and injuring three more Mohali, Punjab.
