Why Rishabh Pant’s accident has raised concerns about pothole deaths

Note: The podcast was recorded on Jan 3, 2023Since 2013, potholes have caused 22,000 deaths across IndiaWho is responsible for these deaths?What’s the punishment?Why are road agencies not taken to task?Why are roads not planned according to local needs?In Deep Dive, why a change is needed in the IPC so that FIRs can be filed not only for rash and negligent driving, but also for the presence of an unnecessary potholeStar cricketer Rishabh Pant had a miraculous escape in a horrific car crash that took place on the Delhi-Dehradun highway. As he recovered in hospital, there were multiple versions on what led to the accident. While there are reports that Rishabh Pant told the police that he had dozed off at the wheel, Uttarakhand Chief Minister Pushkar Singh Dhami said that the cricketer told him that the accident occurred as he was trying to negotiate a pothole. Whatever be the reason, the fact is that the country witnesses innumerable accidents due to potholes.How big is the pothole menace?Potholes are a big problem on Indian roads. We have seen numerous stories from different parts of the country, especially Bengaluru and Mumbai, about how potholes are becoming a major cause for concern. It’s far more dangerous if there’s a pothole on state or national highways.On a city road, a person usually drives at 40 to 50 km per hour, at times even less because of traffic jams. An accident here due to a pothole can be averted by applying the brake. But in case of highways where vehicles are at high speed, even a small pothole can become dangerous.The government started collecting data on pothole deaths in 2013. Before that it was not even considered a big problem. By 2021, almost 20,000 lives have been lost on potholes. In the past three to four years, there has been a dip in number of such deaths.In 2017, The Times of India compared the number of deaths in India due to potholes with the number of people killed due to terrorism. It found that the number of deaths due to potholes was higher. The Supreme Court took suo moto cognizance and said that all potholes must be filled. That was when states became aware of the danger that potholes cause. Now, there has been a dip in the number of deaths due to accidents caused by potholes. In 2021, it was the lowest in 13 years.Which state has the worst roads?Uttar Pradesh is the biggest state and has the biggest road network. So obviously, it has the maximum number of pothole deaths. In 2019, Uttar Pradesh reported 1,034 deaths. It came down to 759 in 2020. In 2021, the number was reduced to 649. Punjab is also doing well.But there are states like Madhya Pradesh, which had only 91 deaths in 2019 and the next year the number was 220. In Tamil Nadu also the number has risen. Maharashtra, Tamil Nadu and Karnataka are contributing to a large number of deaths.Are national highways better than state highways?Going by statistics, obviously national highways are the worst. More than 35 percent of the deaths occur on national highways while 27 per cent of the deaths occur on state highways. We need to understand that national highways are primarily meant for high-speed vehicles. They cover barely two per cent of the entire road network. But they carry 60 to 80 per cent of the passengers and cargo. That's why speed limits on national highways are much higher than on state highways or other urban roads. National highways obviously have a larger share of deaths.There is a flaw in our system. While planning national highways, the government does not take care of local needs. Primarily, national highways are meant for long distance traffic. But we must understand that we are not like the US or the UK, where there are green expressways. We have cities on both sides of the road. Existing roads are being widened. Roads are planned without thinking about the local traffic conditions. This is why the number of deaths is high. What are the legal provisions in pothole deaths?For the first time in 2019, the Motor Vehicle Act came out with a provision that if a road is not maintained properly, or if the design is incorrect and causes death, then a penalty will have to be paid. The fine is Rs 1 lakh or Rs 2 lakh as per the grade of the accident.But the problem is that just a penalty is not sufficient. Since 2019, we have not seen a single case wherein a road agency has been penalized, or an authority, or an officer has been held responsible for a pothole or an incorrect road design.A bigger problem is the Indian Penal Code. Until there is a provision in the IPC to hold road agencies responsible, I doubt there will be any action. The only provision that IPC currently has is for rash and negligent driving. So, if there is a death on the road because of a pothole, the FIR filed will be on the basis of rash or negligent driving. It will say that the person should have avoided the pothole. It is high time that the Indian Penal Code is modified.Audio Production: Prateek Kapoor