The Madras High Court on Friday asked the government to state within two weeks the measures taken to curb drunk driving.
The First Bench of Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam also directed the government pleader to file a detailed counter affidavit, after hearing a public interest litigation petition filed by A. Narayanan of Virugambakkam.
In his petition filed in 2010, Mr. Narayanan, the trustee of Sevaman Trust and Editor and Publisher of Paadam, a Tamil monthly magazine, sought a direction to authorities, including Police and Transport departments, to ensure that those who visited TASMAC shops and bars were prevented from taking the wheel after drinking.
He sought a direction to the State to procure breath analysers and deploy them through police personnel in front of each liquor bar, pub, permit room, club and parlours as well as at important road junctions throughout the State.
The petitioner sought exclusive mobile courts attached with ‘Alcohol in Blood analyser laboratories’ in all the districts so as to swiftly prosecute the violators.
Mr. Narayanan submitted that the police periodically released press statements on the booking of persons for drunk driving.
Occasional checks were being done. These were just statistics for the purpose of record. The number of licences cancelled, suspended and action taken against drunk drivers was not adequate and commensurate with the number of violations.
Plea against new liquor shops
The complainant had filed another miscellaneous petition seeking an interim injunction restraining the State government from opening newly proposed liquor shops.
When the both petitions came up for hearing on Friday before the Bench, Mr. Naryanan appeared as a party-in-person and argued the case. He submitted that his petition had been pending for two years even without receiving a reply from the government. Since, filing of the petition, he said, “…about 32,000 people died in road accidents and 60 per cent of the deaths were due to drunk driving. On an average 175 accidents occur and around 43 people die in such accidents per day in the State...”
He submitted that the government’s policy note as well as an order stated that only persons above the age of 21 could be sold or served liquor. However, it was common to see juveniles and underage youth drinking in bars and driving away rashly. The government was constitutionally obliged to take effective preventive measures to totally eliminate drunk driving.
The Judges said while there could not be a blanket ban imposed on selling liquor in the State, the menace of drunk driving had to be curbed.
Keywords: drunk driving, road accidents, new liquor shops
Thanks to lifting of prohibition in the State (despite personal request of Rajaji not to do so, I heard), two generations of men have been spoilt. Opening of TASMAC shops at every corner of the street has added fuel to the fire. Drunken driving is one consequence of this. Many families have been ruined because of irresponsible policies of some governments in the past - the poor womenfolk have been the worst sufferers and they had to shoulder a heavier burden to run the families when their husbands finished off their incomes on alcohol.
Drastic steps like immediate cancellation of the driving licence of the accused, if charge is proven along with a severe punishment of a maximum jail term of not less than 10 years' RI in the event of causing death or injury with compensation to relatives of victims and full medical expense reimbursement for injuries, at the best private hospitals as may be demanded by the victim's relations
are some of the measures that need to be taken on an urgent basis. Also,many drivers who cause death get away with mild sentences. Actually they should be charged with premeditated murder because the driver is fully aware that his action is definitely likely to cause death. But then is there the will to take such strong steps? No,of course not. Because it is the very rich and influential that are involved.
I don't think that nothing will happen in this case. In our country Judges, ministers and politicians drink alcohol and drive straight after drinking. Some have even killed poor people by drunken driving. So far no action has been taken against them. As India is a highly corrupted country, Mr Narayanans effort will be futile. I kindly request Mr. Narayanan not to come away from the house after 6.00 p.m. or to escape to a western country where the rule of law is respected.
It is a pity that no comments on this topic. Tasmac is ruiniing the
lives of so many people. For alchoholic, the impact is not felt. It
is the family who suffers the most. many children who are good at
studies are deprived of education as they are neglected by father.
Scores of women in every family suffering quietly. What will be the
future for them? Drunken driving! who cares? See the hundreds of
Motorcycles parked opp. to Tasmac outlets. Everyone of them can be
booked under drunken driving as they gulp few quarters before they
start the bikes to go home. I have seen police jeep parked just
infront of an outlet. What for? To tackle L&O problem or collect
mamool! Lack of initiave in police force to curb drunken driving.
During my recent visit to Bangalore, cars were stopped at traffic
junctions and engage in conversation to ensure the driver is not
drunk. a breathalyser is held when driver speaks. It acts as a
deterrent and it is very effective. Will Chennai see such steps
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