On July 16, two minor boys driving an SUV on Pycrofts Road in Chennai’s Royapettah, caused an accident with a two-wheeler, injuring two pedestrians. This incident occurred two months after a similar case in Pune, which drew nationwide criticism. In that case, the Juvenile Justice Board in Maharashtra granted bail to a teenager responsible for a car accident that killed two people, on the condition that he write a 300-word essay on road accidents and their solutions.
“What about the families who suffer the loss of their loved ones killed in these accidents?” asks Mihika Gupta who lost her husband, Alok, in a fatal road accident caused by two allegedly drunk teenagers in Gurugram four years ago. She continues to seek justice for her husband’s death, running from pillar to post.
There have been numerous incidents where minors have endangered lives by driving vehicles, raising concerns about public indifference and lack of implementation of existing laws. Are we becoming too lenient about underage driving and its severe consequences?
According to the National Crime Record Bureau data of 2022, of the 764 juvenile rash driving cases registered across India, Tamil Nadu records the highest with 208 cases. Among the metropolitan cities in India, Chennai has the most with 39 cases.
A report titled ‘Ensuring safe school journeys for all children‘ published by Citizen consumer and civic Action Group (CAG) in October 2023 points out that 17,000 cases of violations, including underage driving, triple riding, footboard travelling, and overloading of passengers in autos were identified by the Greater Chennai Traffic Police in 2022 in Chennai when they conducted surprise checks in Chennai schools.
Read more: Effective speed management critical in India to reduce road crash fatalities
What does the law say
The Union Ministry of Road Transport and Highways has amended the Central Motor Vehicle Act, 2019, to impose stricter penalties that would deter parents and guardians from allowing minors to ride vehicles.
Under Section 199 (A) of the Motor Vehicles Amendment Act 2019, the following provisions have been made:
Where an offence under this Act has been committed by a juvenile,
- The guardian of the juvenile or the owner of the motor vehicle is deemed guilty of and is liable for punishment.
- In addition to the penalty, the guardian or owner may face imprisonment for up to three years, and a fine of Rs 25,000.
- The registration of the motor vehicle used in the commission of the offence may be cancelled for a year.
- The juvenile involved in the violation shall not be granted a driving licence under section 9 or a learner’s licence under section 8 till the age of 25.
- The juvenile shall be asked to pay a fine and any custodial sentence may be modified as per the provisions of the Juvenile Justice Act, 2000.
If the guardian proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence, the guardian shall not be liable for any punishment provided in this Act.
The sub-sections of this act shall not apply to such guardian or owner if the juvenile committing the offence had been granted a learner’s licence under section 8 or a driving licence and was operating a motor vehicle which such juvenile was licensed to operate.
Stricter implementation necessary
While these amendments were set to come into force from June 1, 2024, many States including Tamil Nadu have not passed the notification yet leading to delays in implementation.
When asked about handling underage driving cases, a traffic cop in Chennai explained that they levy fines and take a written statement from the parents, promising not to let their children drive without a license in the future.
“Only when the state government passes an order can we expect stricter enforcement. Until then, only warnings will be given,” says Divya Senthil, a Consultant on Road Safety and Sustainable Mobility.
In a first for Tamil Nadu, a judicial magistrate in Karaikudi directed the RTO in February to suspend the registration certificate of a high-speed bike for 12 months and imposed a ₹25,000 penalty on a man who allowed a minor to ride it.
However, pointing out the lapses in the implementation of the law, Mihika says, despite having witnesses and CCTV footage, she had to stage several protests and campaigns to make the police register the case under the right sections. “I keep getting the dates in the court now. Sometimes they appear and sometimes they do not appear in the court,” she says, adding that she has not gotten any legal aid or compensation so far.
Mihika notes that until the judgment is given on the case, she cannot get the insurance amount. “My elder son is 21 and my younger son is 17 now. They are both set for higher education. Like other parents, we also dreamt of providing the best education for our children. But I do not have the funds for it now,” she says, adding, “Ironically, the teenagers who killed my husband have gone abroad to pursue higher studies now.”
Root causes remain unaddressed
Underage driving stems from a mix of insular upbringing and societal expectations. “Unlike adults, teenagers tend to take more risks when driving. Their prefrontal cortex, which is responsible for impulse control and weighing the pros and cons of decisions, is still maturing,” notes Divya.
This places the responsibility on parents. “Especially, when you see schoolchildren in school uniforms riding the motorbike, it is clear that the parents are aware of the children using the bike. They need to be more watchful and also lead by example,” she adds.
On the other hand, the lack of strict and consistent enforcement is also paving the way for rampant underage driving.
Read more: Can imposing speed limits on Chennai roads make them safer?
What is the government doing to implement
K Baskaran, Assistant Commissioner of Police (Traffic), Greater Chennai Traffic Police (GCTP), explains in that his department has been taking measures to educate children and create awareness among educational institutions and parents to curb driving by minors.
“When children drive, they take risks and drive fast. Speed thrills but kills. Civic sense and traffic sense are highly important for a good citizen and it is the responsibility of the parents and teachers to instill these qualities in children at a young age,” he says.
In this video, Baskaran talks about the traffic police’s campaign to reduce accidents in Chennai and measures taken to curb underage driving:
Recommendations for enforcement of the law
- Educating all stakeholders — traffic cops, school children (especially those more prone to underage driving), parents, and teachers — about the law is the first step.
- Running media campaigns to raise public awareness about the consequences of underage driving is essential.
- Law enforcement should adopt a zero-tolerance policy.
- Exploring the use of existing technologies, such as cameras used for issuing traffic violation challans, can help curb underage driving.
The onus is on all of us
Wearing the helmet saves oneself but drinking and driving puts the lives of others at risk. “Based on the severity and consequences of those violations, actions have to be severe,” says Mihika.
From a policy measures perspective, Divya suggests a graduated licensing system which we do not have in India. This has been proven effective in other countries. “You gradually introduce young drivers to different driving privileges as and when they gain experience and maturity. If one has violated the traffic rules, it will accumulate and prevent them from getting further licensing. This will play a bigger role in making people abide by the law,” she notes.
Divya also notes that tests should be more comprehensive, rigorous and at regular intervals. “Now, we do not have any retests until you turn 60 years old. Having retests once in 10 or 15 years will help in reminding the people of the law,” she adds.
A lot of the behavioural issues are tied to the way we bring up the next generation. It has to start at home. Children should be brought up in a way that even when people are not watching, they will follow the law. As a society, the onus is on all of us to ensure this.