The Consequences of Drunk Driving

We have seen several cases of negligent or drunk drivers losing control of their vehicles and running over pedestrians. In some cases, such as the recent one in Noida, the consequences are fatal. The outrage against the offenders is understandable, but the saddening outcomes prevent us from making an objective assessment.

First, one would say hit-and-runs must be punished severely for it shows utter disregard to the life of a fellow human being. But if you drive on Indian roads, you very well know the fate that awaits you should you stop to check on the victim. A mob quickly gathers and you are the target of all their pent up frustration. In several cases, mob assaults have caused deaths too. Can one really blame the driver for fleeing the crime scene?

On the question of negligent and drunk driving, there is no dispute that such offenders must be severely punished. But the most stringent penalty for such an offence is probably to revoke their driver’s license and levy a huge monetary fine, and possibly a few days in prison. Were the offence of rash/drunk driving committed in the day during heavy traffic, it could be argued that the driver put lives of fellow commuters at risk, and a more stringent penalty is required – possibly charging with intent to murder or something like that. But during the night, when the roads are deserted, is rash driving so bad? It is understandable that the victims and their survivors, and even the general public, will be in no mood to consider this. A life has been lost, and that implies the offender must be tried for murder.

Of course, the law makes a difference between murder and manslaughter. Murder implies premeditated killing whereas manslaughter denotes no prior intent. But even a manslaughter charge is harsh from the offenders’ perspective. You are returning from a late-night party with a nice buzz when you see a deserted patch of road and decide to let it go. The worst you expect is to crash against the pavement. Imagine your shock when you hit the pavement only to realize you have just crushed three people sleeping there.

My point is that harsh punishments in individual cases won’t change anything beyond providing emotional relief to the victims and survivors. The underlying risk of recurrence remains. The solution must be to create a strong disincentive against rash and drunk driving. And there must be an equally strong disincentive against squatting/occupying pavements and roadsides. I realize both are easier said than done, but the risks are worrisome if not addressed. If you drive on a regular basis, you know the feeling when you watch pedestrians crossing the road with no regard to the oncoming traffic.