By Shaurya Mishra
A disturbing tendency that shows up as road rage has become visible in the dynamic fabric of India’s roads. India, which has one of the worst rates of traffic accidents in the world, suffers from the consequences of a bad driving culture that is made worse by sensation-seeking, driving rage, revenge, boredom, and stress. Previously serving as a pathway for advancement and communication, the road has evolved into a site of potentially hazardous conflicts resulting from heightened emotions and psychological strains.
Road rage, defined as violent outbursts caused by stress and other psychological variables while travelling, has been ingrained in Indian culture. Frustration and distress on India's busy roads frequently translate into road rage, creating a situation in which motorists feel obligated to express their fury. This phenomena can range from heated debates to violent altercations and, at times, intentional injury or threats to other commuters, pedestrians, or passengers.[1]
Road rage is no longer only an expression of irritation on Indian highways; it has turned into a criminal behaviour in which anger converts into premeditated and violent conduct. Weather conditions, traffic congestion, bad driving practises, time constraints and heightened noise levels all contribute to these accidents. Peak traveling hours and congested areas become hotbeds for road rage, transforming routine commutes into potential flashpoints.[2]
Road rage is seen as a widespread problem across the world, forcing several governments to take steps to reduce its frequency. Several countries, including the United States, Australia, Canada, England, Japan, Ireland, and New Zealand, have begun to address this issue. However, cultural norms and driving behaviours differ, needing unique ways to dealing with road rage.
Given India’s ranking as one of the countries with the highest number of road accidents, there is an urgent need for strict licencing standards, strengthened driving habits, and well-defined legislation to combat road rage. This socio-legal research aims to dive into the depths of road rage in India, unravelling its socio-cultural roots and legal components, with the ultimate goal of helping to the development of effective legislation and public awareness campaigns.
FACTORS CONTRIBUTING TO ROAD RAGE IN INDIA
In this section we look into the complex reasons for road rage among Indians from both the environmental and social spheres, which define people’s behaviors on the road.
India’s cities, which are sprawling and densely populated, provide the background for road rage. The traffic congestion and chaos in these cities create a breeding ground for aggressive behaviors. Coping with the hustles on crowded streets has become a day-to-day hassle and stress for many commuters. The poor planning and infrastructure also increases possibilities of conflicts, as the never-ending fight for roads space continues to frustrate the people.[3]
The drivers in India have to contend with various climates, from hot summers to heavy monsoon. Road rage incidents are partly caused by adverse weather conditions and poor road infrastructure. With bad road maintenance and inept drainages, such conditions become dangerous, making drivers more frustrated.
Road rage is aggravated by poor driving habits like aggressive overtaking, quick lane changes, and tailgating. It further fuels the tensions along the roadways, making the situation fertile grounds for confrontations.[4]
Examining social aspects, one finds how Indian culture, customs, and different groups of people relate to the phenomenon of road rage. Road rage dynamics are further influenced by the cultural attitudes toward assertiveness, patience, and tolerance, wherein certain places tend to escalate confrontations. [5] Sensation-seeking behaviors and driving anger are catalysts for aggressive driving on Indian roadways, interacting with daily life’s stressors. [6]
A change is witnessed in the demographic landscape of India as the youth increasingly take to the road. The rise of young drivers introduces a dynamic element to the road rage scenario, where inexperienced drivers, coupled with a desire for autonomy and speed, may contribute to risky driving behaviors.[7]
Road rage is sometimes rooted in the fabric of Indian society that is treated as a cultural norm and therefore impedes anti-road rage campaigns. These societal perceptions must be unfolded in awareness campaigns that challenge societal norms and create collective responsibility. Changing the standards of culture will address problems on safe driving practices and road rage.[8]
LEGAL FRAMEWORK SURROUNDING ROAD RAGE
Road rage is an growing concern in contemporary society, with incidents of aggressive behaviour on the roads resulting in violence, destruction of propety, and, in extreme cases, loss of life. The legal framework for addressing such offenses in India primarily involves the Indian Penal Code (IPC) and the Motor Vehicles Act (MV Act). In this section, we will be exploring the adequacy and effectiveness of the current legal provisions in addressing this escalating menace.
When the police encounters an incident of road rage, it predominantly invokes Sections 279, 304A, 337, 338, and 427 of the Indian Penal Code to prosecute offenders involved in it. However, with the exception of Section 279, these provisions are not inherently related to vehicular offenses. In contrast, the Motor Vehicles Act serves as a comprehensive and specialized law, offering stringent penalties such as disqualification from driving, license suspension, and cancellation under Sections 19 to 24.
The punishments under the MV Act, such as disqualification and suspension of driving licenses, have a more profound and lasting impact than prison sentences. While interpreting laws, one must resort to the objective of the legislative Act and the intent of the law-making body behind the enactment of such Act. Therefore, resorting to IPC provisions for road traffic offenses may distort the intended character and structure of the Motor Vehicles Act.
The Motor Vehicles Act, being a more recent legislation than the IPC, indicates a conscious effort by the legislature to address inadequacies in penal provisions related to road traffic offenses. Sections 20 to 24 of the MV Act prescribe powers of disqualification, suspension, and cancellation of driving licenses, offering effective remedial measures to control vehicular accidents. The legislative intent is to provide a self-contained legal framework for regulating road traffic offenses. The approach under MV Act’s Sections 20 to 24 provides a nuanced approach to punishment for various offenses. This approach contrasts with the IPC, which primarily relies on prison sentences and fines. In a way, the MV Act's provisions, if extensively and effectively utilized, have the potential to significantly reduce the rate of vehicular accidents.[9]
Currently, the legal provisions cover only ordinary violations of the road traffic rules whereas the road rage is not provided by the IPC and MV Act. Road rage cases, most of which include violent assaults, vandalism, and even ransom demands, constitute a specific problem. Lack of specific legal provisions for road rage, therefore, creates no solution in the long-run and forces reliance on the general provisions of IPC.
Considering the evolving nature of road rage offenses, there is a compelling need that these incidents be addressed in specific provisions and be included in the upcoming revision of the Motor Vehicles Act. The inclusion of stringent punishments, such as suspension and cancellation of driving licenses, along with prison sentences for offenders, could act as a deterrent. Furthermore, disqualifying individuals involved in road rage from obtaining driving licenses for a specified period would reinforce the severity of the offense.[10]
DIFFERENTIATING AGGRESSIVE DRIVING AND ROAD RAGE
It is critical to distinguish between road rage and aggressive driving. While aggressive driving includes speeding, sudden lane changes, tailgating, and other risky behaviours, road rage is a deliberate criminal conduct in which anger shows in violent actions. Road rage includes behaviours such as aggressive acceleration, impeding other commuters, tailgating, yelling insults, making insulting gestures, intentional crashes, and threatening violence.
Aggressive driving refers to behaviours with potential safety hazards but not necessarily harmful acts of violence. Aggressive driving shows indifference towards road regulations and unconcerned attitude towards fellow motorists. For example, there is a driver who keeps overtaking on the road and changes lanes without giving signals. Such type of behaviour signifies aggressive driving because it entails dangerous movements that affect others on the road. It may not, however, become malicious enough to result in intentionally inflicting damage or violence.[11]
To an extent, road rage may involve deliberate aggressive reactions to driving related stressors. This includes bodily contact, deliberate collisions, or verbal intimidation with the intent for malice. Road rages, in fact, exceed mere hazardous driving practices and may degenerate into life threatening quarrels. Such as between two drivers arguing while at a traffic point, the argument goes sour and one of the drivers ends up attacking the other. In this case, road rage, is depicted by verbal argument leading to aggression that is an intentional attack as driving-related stresses.[12]
Aggressive driving may be subject to traffic violations and fines. Road rage, on the other hand, may lead to criminal charges such as assault, criminal mischief, or even reckless endangerment, depending on the severity of the incident. The law enforcing agencies should be highly skilled in detecting the cases of aggressive driving as well as road rage. These could include more patrols in high risk areas and educational programmes that help address the two behaviours.
RECOMMENDATIONS FOR MITIGATING ROAD RAGE IN INDIA
In tackling the complex issue of road rage in India there must be an entire approach including law changes, educational programmes, and infrastructural enhancements.
First of all, licensing norms should be tightened. It entails the overhauling of driver training curriculum, and encompassing of extended lessons on road safety ethics, defensive driving, and psychogenic stress management while driving. Introducing mandatory psychometric assessments within the licensing process to screen emotionally stable individuals and reduce potentially rage-prone drivers would prevent road rage incidents.[13]
Road rage can be controlled by legislative reforms and penalties. Although introducing special provisions on road rage as a separate crime is expedient, effective law enforcement should follow. Such consequences should be strict and include harsher fines especially for repeated offenders and further provide a suspension of licences in order to discourage people from such tendencies.[14]
However, education and awareness campaigns are essential for promoting a culture of responsible driving. Broad campaigns that show the risks and consequences of road rage across different media could inform drivers, passengers and pedestrians. It is important to incorporate road safety and emotional intelligence learning materials right from kindergarten so that they know how to be responsible drivers and avoid aggressive behaviour.[15]
Similarly, smart traffic management system investments are necessary as well. Employing technology in helping ease traffic, flows of vehicles as well as pressure to the roads can add to a smooth driving experience. Included among these are intelligent traffic signals, real time traffic updates and road planning in order to keep everything efficient. At the same time, it is vital to improve the infrastructure related to road conditions that cause road rage, such as repairing potholes, installing better signage, and designing appropriate road layouts.[16]
CONCLUSION
In delving into the intricacies of road rage in India, a nuanced tapestry of sociological and legal complexities has unfolded. Cultural norms, psychological factors, and legal frameworks have all played roles in shaping the landscape of aggressive behaviours on the nation's roads. As we navigate through the various facets of road rage, from its sociological roots to the legal challenges in its classification and enforcement, a clearer picture emerges of the multifaceted nature of this issue.
The exploration of contributing factors, manifestations, and the distinction between aggressive driving and road rage provides a comprehensive understanding. Yet, the journey does not conclude here. The urgent need for proactive strategies, ranging from enhanced licensing norms to legislative reforms, points towards a collective effort needed to address this societal challenge.
As India grapples with the complexities of road rage, this research raises more questions than answers. How will the proposed interventions reshape behaviours on the road? What long-term impact will legislative reforms have on curbing road rage incidents? The road to safer driving in India is still under construction, and the effectiveness of these recommendations remains an open chapter, waiting to be explored. As we continue on this journey toward safer roads, the evolving landscape of road safety promises intriguing developments and challenges yet to be uncovered.
The author Shaurya Mishra is a second-year law student at Maharashtra National Law University, Aurangabad.
[1] Brewer, A. (2013). Road rage: What, who, when, where and how? Transport Reviews; https://www.semanticscholar.org/paper/Road-rage%3A-What%2C-who%2C-when%2C-where-and-how-Brewer/75ab99ca89b0ad9ed4c24fa7d6ce944a1e99b4b1 [2] Jain, P., V. Mudgal, Niranjan, V., & Pal, V. (2021). A study of road rage in India. European Psychiatry; https://www.semanticscholar.org/paper/A-study-of-road-rage-in-India-Jain-Mudgal/dc37c6dfbaaa807d2d0b17a4cd151cd269ddca1d [3] Sharma, S. (2016, March 25). Anger on the streets: 4 stages of road rage and top triggers. Hindustan Times; Hindustan Times. https://www.hindustantimes.com/india/anger-on-the-streets-4-stages-of-road-rage-and-top-triggers/story-P1eDGdhQdbKpZGRc4i8OoL.html [4] Nadeem, M. (2023). Behind the Wheel: What Causes Road Rage and How to Avoid It. Linkedin.com. https://www.linkedin.com/pulse/behind-wheel-what-causes-road-rage-how-avoid-mohammed-nadeem/ [5] Grey EM, Triggs TJ, Haworth NL. Driver Aggression: the role of personality, social characteristics, risk and motivation. Australian Transport Safety Bureau, CR-81, 1989. [6] Mudgal, V., Niranjan, V., Rastogi, P., & Jain, P. (2021). Road rage and driver anger-an Indian perspective. Archives of Medicine and Health Sciences, 9, 244 - 251. https://doi.org/10.4103/amhs.amhs_170_21. [7] Varchasvi Mudgal, Niranjan, V., Rastogi, P., & Pushpendra Kumar Jain. (2021). Road rage and driver anger-an Indian perspective. Archives of Medicine and Health Sciences, 9(2), 244–244. https://doi.org/10.4103/amhs.amhs_170_21 [8] Amruta Ponkshe. (2020, September 2). India unlocks with road rage. ORF; Observational Research Foundation. https://www.orfonline.org/expert-speak/india-unlocks-road-rage/ [9] Agarwal, B. D. (2014). Road Rage Offences: A Legal Remedy. Legalserviceindia.com. https://www.legalserviceindia.com/legal/article-12737-road-rage-offences-a-legal-remedy.html [10] Bhardwaj, S. (2017, August 11). Concerned over road rage, Parliamentary panel roots for stricter motor vehicle law. India Today; India Today. https://www.indiatoday.in/india/story/road-rage-parliamentary-standing-committee-motor-vehicle-act-1029200-2017-08-11 [11] Todd, C. (2023, October 31). The Difference Between Aggressive Driving and Road Rage | Mastering Anger. Mastering Anger. https://masteringanger.com/blog/difference-between-aggressive-driving-and-road-rage/ [12] Schafer, K. (2015). The Road Rage and Aggressive Driving Dichotomy: Personality and Attribution Factors in Driver Aggression. https://stars.library.ucf.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1610&context=honorstheses1990-2015 [13] Chakrabarty Neelima, & Shukla, A. (2009, December). Road Rage: Implementation Plan for Mitigation measures in an Indian Scenario. ResearchGate; Springer Nature. https://www.researchgate.net/publication/200707382_Road_Rage_Implementation_Plan_for_Mitigation_measures_in_an_Indian_Scenario [14] Das, M. (2018, September 5). As road rage incidents rise exponentially, call for legal definition, punishments gets louder. BusinessLine. https://www.thehindubusinessline.com/news/as-road-rage-incidents-rise-exponentially-call-for-legal-definition-punishments-gets-louder/article24874898.ece [15] Asbridge, M., Smart, R. G., & Mann, R. E. (2006). Can We Prevent Road Rage? Trauma, Violence, & Abuse, 7(2), 109–121. https://doi.org/10.1177/1524838006286689 [16] Makhijani, S., & A. Mahendru. (2018). Understanding and Preventing Road Aggression. Indian Journal of Health and Wellbeing; https://www.semanticscholar.org/paper/Understanding-and-Preventing-Road-Aggression-Makhijani-Mahendru/1e7d0e7b62aa1c59734d79ed99d03f5642b78137
This article contains the view of the author and the publisher in no way associates with the views or ideologies of the author. All the moral rights vests with the Author(s).
Comentarios