Actually not, but currently the system has made it so.
World Health Organisation (WHO) claims that of all the systems with which people have to deal every day, road traffic systems are the most complex and the most dangerous. Worldwide, an estimated 1.25 million people are killed in road crashes each year and as many as 50 million are injured. In developed world it is believed that the ultimate resolution to mitigating these unlawful deaths and serious injuries rests upon the judicial system.
In India, the judicial system is circumvented around the police FIRs & final reports. The public prosecutor generally presents whatever the police has presented. The defence have hardly any opportunity to scientifically oppose the findings, with lack of scientific evidence and knowledge of the regulations dealing with traffic. Ultimately the only direction of prolonged justice is Compensation.
Studies carried out by IRTE have adequately demonstrated that police do not have the basic and adequate knowledge and skills to scientifically carry out investigation of road accidents in a scientific manner. Investigation is only to point at an accused who is generally the driver of the vehicle, and that too, of a heavier the heavy vehicle.
IRTE research data reveals that investigation officers have almost no knowledge of Motor Vehicles Driving Regulations. Road traffic violations are offences arsing out of non-adherence of regulations. The basis of accusation, and the gravity of the non-adherence of a violation should actually define the magnitude of danger or rashness of the offence.
When police officers who have the primary responsibility to investigate a road accident or crash, are not educated enough or trained on the said subject, and follow a belief that they have to blame the incident on the driver of a vehicle as accused, it is but natural that the final report or chargesheet is faulty.
Complimenting the police flawed report of the police, the public prosecutor, who, also does not understand the regulations and the basis of diagnosis of the crash, simply and only supports the report presented by the police. When the hapless victim, who may be an innocent driver is falsely accused, has no option but to look up to the judiciary for fair verdict, and is denied the same, road safety on the whole becomes the victim of the system. When improving road safety is not the criteria for judicial accountability, road accidents, violations, deaths and serious injuries go on rising.
Road safety should be the primary aim of judicial responsibility. The aim of discussion and disposal of accident cases should be towards the reduction of accidents which result in death and serious injuries, as well as on providing suitable and justified compensation to the victims.
IRTE studies have adequately demonstrated that faulty roads and non-standard traffic engineering are a prominent cause of serious road accidents. It is also a fact that road authorities are hardly or ever accused or punished.
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