Man Se Laksh Tak : Day 3
16.07.2023 (18:50 to 19:00)
I was wandering around the city out-skirts, interacting with my Girlfriend Basanti, one fine rainy evening. Since long, we didn’t go out on a date and so I got Basanti fueled up with Premium Petrol, with light music in background and moving a little ahead happens unexpected !
There comes a Uncle from wrong-side on his moped with one-leg down and he was for sure “DEAF”! That 68 Uncle (age) seems to have purchased his moped just to keep the horn pressed. As we did, when we were 6 kid (age) and got our first cycle with electronic horn. Was he less entertaining that in addition to that, one aunty in her COMPASS, came from behind, which made me assured that they both are from same planet & even they are brother – sister too !
Poo – Poo ! Poo – Poo !
I parked Basanti aside & asked them whats the problem, don’t honk constantly. They both made a team up. And, it became, what we call “ROAD RAGE” & was found on city news, as it got much media attention.
“MERA HORN, MERA MANN UTNA BAJAUNGI” Aunty be like and Uncle “JISKO MARNA HO MARUNGA HORN, JITNA CHAHE BAJAU, KOI KUCH NAI KAR SAKTA”. Intentionally, poking to irritate and majorly to showcase superiority, certain miscreants keep honking.
However, just ask yourself a Question, when someone honks when straight away you are on your way obeying traffic rules, even then for once atleast, “Heart-beat skips a bit”. It happens with us all. A common quotient of irritation, which is unwarranted and uncalled for.
“IT IS SOMETHING YOU CAN, BUT YOU SHOULD NOT”…
But, putting a mirror to such act, if you face any of such event than there exists, Motor Vehicles Act and Environment Protection Act, for availing legal action against such people.
If giving a deep thought, it is certainly an aspect of public health. I am aware that, many of you reading this right now, are from GJ 18 or MH 02 or DL 02, talking about Indian Context. Actually, this is an aspect requiring attention personally , it being having multi-faceted impacts like noise pollution, traffic rules violation, road rage incidents, peaceful transit, etc.
With regard to the legal provisions, The powers are conferred upon the Government of India to deal with the aspect of pollution which can be found out in Section 15 of the Environmental Protection Act which states, “whoever fails to comply with or contravenes any of the provisions of the Environmental Protection Act or the rules made or orders or directions issued thereunder shall in respect of each such failure or contravention be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh or with both. Severe punishment in case of contravention of offences relating to environment continues.”
Landmark Case Law on honking: Rubin Mukherjee Vs State of West Bengal AIR 1985 CAL 222
Link : https://indiankanoon.org/doc/573277/
As far as the Motor Vehicles Act is concerned, Rule No.119 (2) states, “No motor vehicle including agricultural tractor shall be fitted with any multi-toned horn giving a succession of different notes or with any other sound-producing device giving an unduly harsh, shrill, loud or alarming noise.”
Section 194 F of the MV Act states that, “ Use of horns and silence zones : Whoever – a) while driving a motor vehicle – I) sounds the horn needlessly or continuously or more than necessary to ensure safety, or ii) sounds the horn in an area with a traffic sign prohibiting the use of horn, or b) drives a motor vehicle which makes use of cut-out by which exhaust gases are released other than through the silencer, shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees .”
Additionally, Section 177 of the MV Act can also be invoked which states , “ General provisions for punishment of offences – Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.”
Also, the Noise Pollution Regulation and Control Rules, 2000, can be helpful in the instant scenario, as its very essence is, to regulate and control noise producing , generating sources with objective to maintain the air quality standards in respect of noise.
Police Commissioner of every city, may pass an order, declaring no-honking zones as an instant remedy, upto we have No-honking Policy in our country.
Here, a clear signal, specifically towards the traffic management teams of different jurisdiction in India.
Therefore, if anything of such nature happens, don’t hesitate to invoke these provisions. However, what we await is “No-honking Policy pan India”. Aizawl (Mizoram) is the first city in India with no-honk policy.
Now, I wonder I would take Basanti on a date in Aizawl !!
(P. s.: Basanti – my first family car 🙂 A PARADIGM SHIFT )