Taking note of the many lives lost to drunk driving in the country, the Bombay high court on Thursday urged the Centre and the government of Maharashtra to consider a suitable amendment in the norms and adopt a zero tolerance norm to curb this “lethal” practice.
The division bench of justice Abhay S. Oka and justice Gautam S. Patel issued various directions to both the governments to control drunk driving cases, while hearing a PIL filed by journalist Nikhil Wagle seeking stricter laws and more compensation from Bollywood star Salman Khan for the victims of 2002 hit-and-run case. The high court acquitted the actor from the case last month.
The court is of the opinion that driving should not be allowed if any person is under the influence of any amount of alcohol.
The judge noted that as per section 185 of the Motor Vehicle Act, the offence of driving by a drunk person is established if alcohol exceeding 30 mg per 100 ml of blood is detected in his breath test.
However the judges said, “There is, in fact, no reason why any person who has had any amount to drink should be permitted to drive at all.”
The court further said, “Given the alternatives available, and having regard for the manifest risks, especially to third parties, we would strenuously urge the adoption by the Central government of a zero tolerance policy toward drunk driving.”
“We see no reason why the police should be burdened with having to prove whether or not a person has consumed alcohol (beyond permissible limit).... the mere presence of alcohol in their blood should be, in our view, sufficient to disentitle from driving,” the court opined.
“This would go a long way in ensuring safety on our roads, apart from lessening the forensic burden on enforcement agencies,” added the judges.
The court observed that section 185 of Motor Vehicles Act which deals with drunk driving does not contain any provision whereby a state government can frame rules to provide for a stricter action. The Centre may consider allowing the states to prescribe zero tolerance norms or amend the MV Act, it said.
The bench has said that detailed directions would be issued after considering the response of both the state and the Central government but for the time being, the court has asked the Maharashtra government to file an affidavit stating whether sufficient number of devices for conducting breath tests had been provided to the police, and whether they were in working condition.
The judges have also asked the state government to provide the data of cases registered for drunk driving in the past three years, more particularly on December 31 and January 1.
