Srinagar: With alarmingly increasing traffic accidents caused by juveniles, the Special Mobile Magistrate (Traffic) Srinagar on Saturday directed the Inspector General of Police (IGP) Kashmir to conduct special drives against the minor violators in the region.
The Magistrate also sentenced one Mushtaq Ahmad Buch, of Sheeshgari Mohalla Ahmad Nagar, the guardian of Ms A (the actual minor offender), to three years simple imprisonment and Rs 25,000 fine.
It is worth mentioning that Section 199A of Motor Vehicle Act makes the guardian or the owner of the vehicle liable in cases where the minor is found driving the vehicle.
Special Mobile Magistrate Srinagar, Shabir Ahmad Malik, while pronouncing his judgment said, “keeping in view the statement of the accused person wherein he pleaded guilty, the accused person is accordingly convicted for the commission of offence under Section 199A of Motor Vehicles Act 1988.”
He also ordered cancelling the registration of the particular vehicle for a period of 12 months.
The court, however, noted that since the offence does not involve moral turpitude, and the violator has no prior convictions, it granted probation to the accused.
However, the court directed the convict to execute a bond of Rs two lakh for maintaining peace and good behaviour for a period of two years.
It further ordered that if the convicted person violates any condition of the bond during this period, he shall undergo the sentence proposed and the bond amount of Rs two lakh shall stand forfeited to the government.
The court stated “in the last five years the total number of deaths due to road accidents in India is approximately 810,913. (2020: 1,38,383,2021: 1,53,972, 2022: 1,68,491, 2023: 1,72,890, 2024: 1,77,177)”.
It recorded “precious lives are lost due to negligent driving/bypassing traffic rules in the last five years.”
The court noted the numbers are alarming and it was high time that people take traffic laws very seriously.
“We as a society must realize that these lives can be saved if traffic rules are followed,” the court observed, stressing that simple measures like wearing a seat belt, a helmet or proper headgear, and keeping mobile phones aside while driving are not mere formalities but essential habits that protect and save lives.
It said “this sense of responsibility should come from within us, not only when a police officer is around to remind us.”
It added that underage driving is a major contributor to traffic accidents and congestion, posing serious risks to other motorists and pedestrians. “Parents/guardians or owners of vehicles are responsible for providing vehicles to their minor children,” the court observed.
It is said many a times these minors are driving vehicles, riding bikes in and around schools or crowded places, resulting in accidents/loss of lives.
The court said “it is the first and foremost duty of parents not to provide their minor children any vehicle unless they attain majority and have license to drive the vehicle.”
“By allowing minors to drive we are only producing violators and victims and not responsible citizens,” it said.
It directed that a copy of the judgment be sent to the Commissioner Secretary, School Education J&K, with a request to circulate it in all the schools (government or private) and direct them to educate the students as well as their parents or guardians regarding these issues.
“I also request the Commissioner Secretary School Education to issue directives to all the schools and frame some policy like ‘no vehicle policy for minors’ in education institutes, so as to contribute to this noble cause that may save many lives,” the judge said.
