INDIA
Delhi Traffic Police has been directed by a court here to design a special programme for traffic violators to educate and train them about road safety rules as an effective alternative to sending them to jail.
Additional Sessions Judge Kamini Lau observed that imprisonment may not always serve the desired purpose in certain cases and asked the traffic police to circulate the details of such training courses to all the courts dealing with traffic violation cases for their aid.
The court noted that road safety was an issue of major concern in view of increasing number of accidents leading to so many deaths and injuries to people. "A custodial sentence of imprisonment may not always serve the desired purpose in certain cases and hence the necessity of designing and creating a special programme / course for traffic violators and persons convicted for the same where they can be sent by the courts of law to receive instructions in driving and traffic safety and can be educated and sensitised in traffic laws and road safety rules.
"This is necessary, so as to inculcate in these persons so convicted of traffic violations, a habit of observance of the said rules in order to prevent recidivism," the judge said.
The court's direction came while deciding an appeal of a youth who was convicted and sentenced by a magistrate to 10 days jail for drunken driving this year. The court modified the jail term and released 26-year-old Sumit Kumar on probation of good conduct for one year saying there are chances of his reformation. It upheld the suspension of his driving licence for six months.
It, however, directed Rohini resident Kumar to report to the DCP (Traffic), Todapur Road where he shall be sensitized with regard to traffic laws and road safety rules. "He shall be provided training in road safety for a minimum period of 15 days for at least four hours per day, to which the appellant has voluntarily agreed as an alternative to the custodial sentence," the judge said.
It directed that a copy of its order be sent to the Special/Joint Commissioner of Police (Traffic) for desired action as per law.
The court said there should be zero tolerance for any such violation which is dangerous to the life and safety of others. "...road safety has become an issue of major concern in the recent years in view of the increase in number of persons killed or injured in the road accidents and hence keeping in view this increase in the cases of violations of traffic and road safety rules in the city, it has become desirable that there be a zero tolerance for any such violation which is dangerous to the life and safety of others," the judge said.
The court observed that drunken driving was a menace to the society and there has been a rise in such cases which was endangering the life and safety of others. "A strict view required to be taken against the violators and a stern message is required to be sent across. However, I may observe that in certain circumstances custodial sentencing by sending young people to jail may not always be the best option.
"Jurisdictions world over have successfully experimented with non custodial sentencing (alternative sentencing) and sending the persons convicted of traffic violations to attend a traffic schools has proved to be an effective alternative," the court said.
The judge added, "Unfortunately, in our jurisdiction we are yet to seriously explore, encourage or even implement this as an alternative to the custodial sentencing so as to educate and sensitize road users in traffic laws and road safety rules and inculcate in them a habit of observance of the same."
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