Department of Law
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 the 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 vehicle.
IRTE research data reveals that investigation officers have almost no knowledge of Motor Vehicles Driving Regulations. Road traffic violations are offences arising 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.
Road safety should be the primary aim of judicial responsibility. 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.
There is a need of hour to train judicial officers and prosecutors who deal with criminal aspects & also compensation. With purpose to make the judicial officers aware of Motor Vehicles Driving Regulations and relate the same to IPC & CRPC provisions & to understand causative & consequential factors of road traffic violations, Department of Law at the College of Traffic Management was commissioned in 2011, and completes 12 eventful years in 2022.
This Department fulfills the role as the heart of IRTE, as it contributes to equipping all other departments of the IRTE, as well as the M.Sc. students with required information such as legal instruments, codes of practice and allied research related to all domains of traffic management and forensic science.
After the signing of the MoU between IRTE and the United Nations (UNECE) to promote road safety in South East Asia, this Department has been actively working with many countries of the region towards procuring all legal instruments as well as allied research in the domain of road traffic management and safety.
This Department also develops and conducts courses in the field of road accident investigation and traffic management. For the Bureau of Police Research & Development (BPR&D), this Department has already conducted 85 Courses for Police Officers from across the country in “Road Accident Investigation”. The recently launched Road Safety Court of Justice at the College of Traffic Management is a part and facility of the Department of Law.
It was under the aegis of this Department, that the IRTE supported the Ministry of Road Transport & Highways (MoRTH), Government of India towards framing the new Motor Vehicles Driving Regulations, on a pro-bono basis. These Regulations were notified in 2017 and form the very basis of safe and disciplined road usage.
Since 2013, this department has been conducting various MoRTH sponsored Capacity building workshops for Prosecutors, State Police and Transport officers.
IRTE’s awareness raising program constitutes a minimum of two days training which includes case studies and real time examples for easy understanding.
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