KLE Law College, Bengaluru

(Constituent College of K.L.E. Technological University, Hubballi)

TEAM 2

Name of the Student SATHISH KUMAR L

Student Registration No. 03FL22MLC002

Name of the Programme with LLM (Constitutional Law)

Section
Semester 3rd Semester

Name of the Course Civil Liberties

Course Code 21LLCT202

Name of the Course Teacher Dr. Vishnuprasad

Signature of the Student Signature of the Course

Teacher
 ACKNOWLEDGEMENT

I would like to thank my professor, Dr. Vishnuprasad., for providing me with the opportunity
to do an in-depth analysis of the research topic allotted to me and also for guiding me
throughout. I also would like to take this opportunity to express my gratitude to the library
department for facilitating remote access to online resources, without which it would’ve been
almost impossible to carry out my research.

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 DECLARATION

I, SATHISH KUMAR L, III semester, LLM – Constitutional Law, studying at KLE Society’s
Law College, Bengaluru, do hereby declare that I have completed an article on “Examining
the Discriminatory Nature of the Motor Vehicles Amendment Act 2019 in Traffic
Regulations” and that the same has not been published in any other source. The information
submitted is true and original, to the best of my knowledge.

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“Examining the Discriminatory Nature of the Motor Vehicles
Amendment Act 2019 in Traffic Regulations”

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 CONTENTS

SL no Particulars Page no

1. Introduction 5

2. 6
Background

3. Key Benefits of Amending the 2019 Act with 1988 Act 6

4. Penalties 8

6. The Discriminatory Nature of Motor Vehicles (Amendment) 12

Act of 2019

10. Conclusion 13

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 INTRODUCTION
Article 14 of the Indian Constitution ensures equality before the law and forbids
discrimination based on religion, race, caste, gender, or place of birth. In the context of
India's Motor Vehicles Amendment Act (MVAA), equality principles are critical to ensuring
that all citizens have fair and equitable access to transportation facilities and are treated
similarly under road safety legislation.
The Motor Vehicles (Amendment) Act 2019 took effect on September 1, 2019. This new
statute raised the penalties for several crimes to reduce traffic accidents and promote road
safety in the country. According to the Committee on Vehicle Safety and Traffic
Management, "Of all the systems that people have to deal with daily, road transport is the
most complex and dangerous mode of transportation."1 Road safety is a multidimensional and
multispectral issue that involves and requires development and efficient management in
various departments, including road infrastructure, regulations for safer vehicles, health and
hospital services, mobility planning, child safety, and pedestrian planning in cities. It is also
possible to argue that the scope of efficient road safety and management includes engineering
aspects of vehicles and roads, as well as efficient provision of health and trauma services, as
well as the planning of efficient infrastructure and manpower for proper regulations and
checks on the mechanisms involved. The central government revised the Motor Vehicles Act
of 1988 with the Motor Vehicles (Amendment) Bill of 2019. The Lok Sabha passed this new
act on July 23, 2019, and the Rajya Sabha passed it on July 31, 2019. The Motor Vehicles
(Amended) Act, 2019, appears to take a multi-dimensional and multi-sectoral approach, with
the legislation including several factors 'to build an efficient, safe, and corruption-free
transportation system in India2. The amended act addresses important aspects of road safety,
including road traffic regulations, vehicle fitness, vehicle recalls, citizen protection, cashless
treatment of victims, e-governance facilities, transportation system reform, and the
establishment of a Road Safety Board. However, the primary goal of the amended Act is to
enhance and promote road safety. The significant changes brought by the act are connected to
road safety provisions and regulations, where fines have been increased and the government's

1
Ministry of Road Transport and Highways, Sundar Committee on Road Safety and Traffic Management,
Paragraph 1.2.
2
Statement by Shri Nitin Gadkari (Honourable Minister of Road Transport and Highways), Press release by
Press Information Bureau, Government of India, Ministry of Road transport and Highways.

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approach has been more stringently implemented. This article focuses on the main
amendments, benefits, and discriminatory nature of this recent amendment to the old Act.

BACKGROUND
In India, road accidents result in 17 deaths per day, 46 children per day, 10 lakh deaths in the
last decade, and 50 lakh injuries and disabilities. Rapid assistance could prevent 50% of these
deaths, and the Indian government incurs a cost of 4.07 lakh crores annually.3 According to
the Sundar Committee on Road Safety and Traffic Management, there were 1,54,600 deaths
in 2015, 3,09,200 serious injuries, and 10,82,000 light injuries.4
In 2017, the MORTH reported 4.64 lakh accidents and 1.47 lakh fatalities, with two-wheelers
accounting for one-third of all road accidents. According to a World Health Organisation
report on road safety, India has the highest number of vehicle accidents globally, surpassing
even China, despite being the most populous country.5

KEY BENEFITS OF AMENDED ACT 2019 WITH 1988 ACT

Safety for pedestrians and non-motorized vehicles.

The Motor Vehicles Act of 1998 does not include requirements to ensure pedestrian and
non-motorized road user safety.
The 2019 Motor Vehicles (Amendment) Act amends S-138 of the 1998 Act, adding a new
clause (1A) granting the state government jurisdiction to control pedestrians and
non-motorized road users on public highways.

Children's safety throughout the commute.

The Motor Vehicles Act of 1998 did not include safeguards for children's safety during
commutes.
Motor Vehicles (Amendment) Act, 2019. The modified statute includes three elements to
ensure children's safety when commuting: S-194B The government has put an obligation on

3
IRSC, Indian Road Safety Campaign, in collaboration with MORTH, The Problem,
https://ww2.road-safety.co.in/home
4
Ministry of Road Transport and Highway, Sundar Committee on Road Safety and Traffic Management,
Paragraph 4.2
5
MORTH, Road Accidents in India, 2017, Section-2,
http://www.indiaenvironmentportal.org.in/files/file/road%20accidents%20in%20India%202017.

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adults to ensure children's safety by requiring them to use safety belts. This provision also
imposes a penalty of 1000 rupees on adults who fail to secure their children with a seat belt.
S-129 requires all children over the age of 4 to wear a helmet while riding a motorbike.
S-137(2)(aa) empowers the federal government to establish protective gear criteria for
children under the age of four under Section 129 if needed.

Recall of Vehicles.
The Motor Vehicles Act of 1998 does not include procedures for recalling automobiles due to
their age, environmental impact, or failure to fulfil safety requirements.
The 2019 Motor Vehicles (Amendment) Act includes new provisions (S-110A and 110B) that
give the central government the authority to recall vehicles that do not meet safety or
environmental standards. It also establishes testing agencies to issue approval certificates for
vehicle conditions.

Punishment for poor road design, engineering, and maintenance.

Motor Vehicles Act of 1998: The 1998 Act does not include mechanisms for holding
contractors and civil authorities accountable for poor road design, engineering, or
maintenance.
Motor Vehicles (Amendment) Act, 2019. The 2019 Act includes a new provision, S-198A,
which holds road contractors, consultants, engineers, and civil agencies accountable for faulty
road designs, construction, and maintenance. This can result in a fine of up to Rs. one lakh
and personal liability for the agents.

Juvenile offences.
Motor Vehicles Act of 1998: The 1988 Act does not have particular provisions for juvenile
offenders. However, any unauthorised individual driving a vehicle shall face a Rs. 1000/-
penalty and/or imprisonment for up to three months.
Motor Vehicles (Amendment) Act, 2019. The modified act includes a new clause (S-199A)
that holds adults, guardians, and vehicle owners responsible for minor violations. The
adult/owner/guardian may face a penalty of Rs 25000/- and/or imprisonment for up to three
years under this section, while the juvenile will face trial under the Juvenile Justice Act. In
addition, the vehicle registration will be terminated.

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Dangerous driving.
Section 184 of the Motor Vehicles Act of 1998 defines dangerous driving as driving at a pace
or manner that endangers the public. It carries a penalty of Rs 1000/- or imprisonment for up
to two years. The 1988 Act defines unsafe driving quite narrowly.
The 2019 Motor Vehicles (Amendment) Act broadens the definition of dangerous driving to
include acts like jumping red lights, violating traffic signs, using handheld communication
devices, driving on the wrong side of traffic, and overtaking dangerously. The penalty has
also been increased; the new penalty is a fine of Rs. 2000/- up to Rs. 10,000/- and/ or
imprisonment for a minimum of six months or up to one year.

Compensation in hit-and-run cases.

The Motor Vehicles Act of 1998, Section 161, includes compensation provisions for
hit-and-run accidents. Compensation offered in the area for compensation for grievous harm
was Rs. 12500/-, and for death, it was Rs. 25000/-.
The Motor Vehicles (Amendment) Act, 2019 revised Section 161 to increase compensation
for grievous harm to Rs. 50,000/- and for cases resulting in death to Rs. 2,00,00/-, or even
higher depending on the facts of the case and factors.
The amended statute removes S-28(2)(j), which gave states the authority to maintain the State
Register for Driving Licences. This ensures that all states follow the same method for the
State Register for Driving Licencing.

PENALTIES
This section compares the 2019 Act's fines and penalties for traffic violations to those in the
1988 Act. The amended Act under S-199B established a fixed increase in all fines under the
Motor Vehicles Act based on a 10% annual basis, beginning on April 1st.
Penalties for violations relating to vehicle construction and maintenance:
The 2019 Act revised S-182A, increasing penalties for car building and manufacturing,
including dealers, importers, and owners. The modified provision states that any sale
Violations of Chapter 7 of the Act can result in imprisonment for up to one year or a fine of
up to one lakh rupees. Failure to comply with manufacturing restrictions in Chapter 7 can
result in imprisonment for up to one year and a fine of up to 100 crore rupees. Selling parts in
violation of Chapter 7 can result in imprisonment for up to one year or a fine of up to one

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lakh rupees

Section Title of the Section Penalty in 1988 Act Amended penalty of

2019, Act

S-177 General provisions Rs. 100/- From Rs. 500/- up to

1,500/

S-177A Section 118 prescribes Rs. 100/- From Rs. 500/- up to

a penalty for violating Rs. 1,500/-
regulations.

S-178 Penalty for travelling Rs. 200/- Rs. 500/-

without a pass or ticket,
conductor neglect of
duty, and refusal to
provide contact
carriage, among other
things.

S-179 Disobedience to Rs. 500/- Rs. 2000/

commands, obstruction,
and rejection of
information.

S-180 Allowing unauthorised Rs. 1000/- Rs. 5000/-

people to drive
automobiles.

S-181 Driving vehicles in Rs. 500/- Rs. 5000/

violation of Section 3
or 4.

S-182 Offences relating to Rs. 500/- Rs. 10,000/-

licences.

S-182A Punishment for Rs. 1000/- for the first Dealer: Rs. One
violations involving the offence and Rs. 5000/- lakh per vehicle and
production, for the subsequent one-year
maintenance, sale, and offence. Imprisonment
modification of motor Manufacture: Up to
vehicles and Rs. 100 crore.
components. Consumer: Rs.
5000/- Or six-month
Imprisonment or
both

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S-182B Punishment for No provision. From Rs. 5000/- up
violating Section 62A. to Rs. 10,000/-
Oversized Vehicles.

S-183 Driving at high speeds, Rs. 400/- Rs. 1000/- for LMV
etc. and from Rs. 2000/-
up to Rs. 4000/- for
medium / Heavy
passenger or goods
vehicle.

S-184 Driving dangerously. Rs. 1000/- From Rs. 1000/- up

to Rs. 5000/- and/ or
Imprisonment of six
months up to one
year

S-185 Driving while drunk or Rs. 2000/- From Rs. 10,000/-

under the influence of up to Rs. 15,000/-
drugs

S-186 Driving while Rs. 200/- for the first Rs. 1000/- for the
physically or mentally offence and Rs. 500/- first offence and Rs.
unfit. for the subsequent 2000/- for the
offence. subsequent offence.

S-187 Punishment for Imprisonment of up to Imprisonment of up

accident-related three months for the to six months for the
offences. first offence and six first offence and one
months for the second year for the second
offence. offence.
A fine of Rs. 500/- for A fine of Rs. 5000/-
the first offence and for the first offence
Rs. 1000/- for the and Rs. 10,000/- for
second offence. the second offence.

S-189 Racing and speed trails. Rs. 500/- Rs. 5000/-

S-192A Operating a vehicle Up to Rs. 5000/- Up to Rs. 10,000/-

without a permit.

S-193 Punishment for agents No provision. A fine of Rs.

and canvassers without 25,000/- Up to Rs.
proper authority 1,00,000/-

S-194 Driving a vehicle that A fine of Rs. 2000/- A fine of Rs.

exceeds the permissible and Rs. 1000/- per 20,000/- and Rs.
weight. extra tonne. 2000/- per extra
tonne.

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S-194A Carriage of excess No provision. A fine of Rs. 200/-
passengers. per extra passenger.

S-194B Use of safety belts and A fine of Rs. 100/- Fine of Rs. 1000/-
child seats. For Child restraint
Rs. 1000/-

S-194C Motorcycle drivers and A fine of Rs. 100/- Fine of Rs. 1000/-
pillion riders face and/or
penalties for violating disqualification of
safety measures. licence for three
months.

S-194D Penalty for not wearing A fine of Rs. 100/- Fine of Rs. 1000/-
protective headgear. and or
Disqualification of
Licence for three
months

S-194E Failure to provide free No provision. A fine of Rs.

passage for emergency 10,000/- and/or
vehicles. imprisonment of six
months.

S-196 Driving an uninsured Fine Rs. 1000/- Fine of Rs. 2000/-

vehicle. and/or imprisonment
of three months.

S-198A Failure to meet No provision. Fine up to Rs.

requirements for road 1,00,000/-
design, construction,
and maintenance.

S-199A Offences by juveniles No provision. If proven guilty, the

guardian/owner
faces a punishment
of Rs. 25,000/- and
three years in prison,
while the juvenile
would be tried under
the Juvenile Justice
Act. Registration of
the vehicle will also
be cancelled.

S-206 Impoundment of Suspension of

documents is within the driving licence under
power of police sections 183, 184,

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 officers. 185, 189, 190, 194C,
194D and 194E

S-210B - Penalty for an Twice the penalty

enforcing authority. under the
corresponding
section.

THE DISCRIMINATORY NATURE OF MOTOR VEHICLES

(AMENDMENT) ACT OF 2019

One of the most serious problems with the Act is the excessive fines and punishments for
traffic offences. While these fines are intended to discourage reckless driving behaviour, they
are sometimes prohibitively expensive for low-income individuals. For example, the Act
levies a penalty of Rs. 10,000 for driving without a licence, which is a large sum for many
Indians. This disparity in fines can have an impact on the disadvantaged, who are more likely
to face harassment and prejudice from police officers.
Furthermore, the Act fails to address the needs of non-motorized transportation users such as
bicycles and pedestrians. The Act doesn’t contain any facilities for bicycle lanes or pedestrian
crossings, making it hard for these users to negotiate the roadways safely. This error is
particularly troublesome for low-income individuals who rely on non-motorized
transportation for their daily commute.
The Motor Vehicles Amendment Act likewise fails to address the issue of vehicular
emigration-related air pollution. While the Act requires that all vehicles pass an immigration
test, enforcement of this provision is inadequate. This inadequate enforcement implies that
many vehicles on Indian roads do not meet the prescribed emigration standards, resulting in
increasing air pollution. Air pollution has a disproportionate impact on the health of
low-income individuals who may not have access to clean air.
Several challenges have been brought before the court, contesting the discriminatory aspect
of the Motor Vehicles Act. In Bismillah v. State of Rajasthan, the court ruled that imposing
greater penalties on low-income citizens violates the constitutional right to equality. The court
ruled that traffic fines should be proportionate to the offence and the offender's ability to pay.
Rajesh v. State of Haryana is another lawsuit that challenges the discriminatory aspect of
the Act. In this case, the court determined that the mandatory requirement for vehicle owners

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to have third-party insurance is discriminatory against low-income individuals who cannot
afford it. The court recommended that the government explore offering subsidies or financial
help to these people.

CONCLUSION
To sum up, the Motor Vehicles Act is a crucial law for improving road safety in India.
Nonetheless, its enforcement has proven discriminatory towards low-income individuals who
cannot afford the hefty fines and penalties. To achieve economic equality, the government
must revise the Act's provisions and ensure that they meet the interests of all road users. This
reform should involve providing subsidies and budgetary support to low-income individuals
and protecting the rights of non-motorized transportation users.

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