Fatal road accidents: 7-year jail term restored

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Staff Reporter :The High Court has restored the highest punishment for fatal road accidents to seven years from the existing three years imprisonment.The bench of Justice Salma Masud Chowdhury and Justice Md Khasruzzaman passed the order on Thursday following a writ petition filed by Human Rights and Peace for Bangladesh.In its observation, the HC said that the highest punishment should be more than seven years jail.Supreme Court lawyer Manzil Murshid moved for the rights group during the hearing. “The previous provision, providing seven years imprisonment for fatal road accident, will be in force from now following the HC order,” Manzill Murshid said.Earlier, the punishment for killing people on the roads and highways due to reckless driving was seven years as per section 304 [B] of the penal code. But the penalty was reduced to three-year imprisonment in the second amendment during the tenure of HM Ershad in 1985 following severe pressure from the transport organizations.Human Rights and Peace for Bangladesh filed the petition seeking HC order upon the government to cancel the commuted penalty for fatality because of reckless drivers.Meanwhile, the fatal road accidents have increased in the recent days at an alarming rate. But the concerned authorities, especially the Road Transport and Bridges Ministry, are not paying minimum attention to the serious issue.  In the latest incident, 33 people were killed and 50 others received injuries when two passenger buses collided head on Natore on October 20 last.There are widespread allegations that the concerned government organizations, including the Highway Police, also do not play their due role in enforcing traffic rules. Instead, in case of any accident they remain quite busy in earning extra bucks from the drivers by not filing any case.Besides, the accused drivers often get clearance from the court due to lack of evidence and shortcoming of the existing law. No driver is seen punished for the fatal accidents till the date as the transport unions create heavy pressure on the government.In a latest research report prepared on August 21, 2014 by Fayaz Uddin [Civil Engineering Dept], University of Asia Pacific, said, “It is found that, of all total reported accidents, 65 percent are fatal and a considerable number of fatal accidents are occurring every year in which a large number of road users lose their lives in each accident.”He said, “Buses and Trucks are involved in 71 per cent of all major fatal accidents. Head on type accidents account for 39 per cent of total accidents dominating the others. This is followed by Lost Control 34 per cent, Rear end 16 per cent, Hit object on road 7 per cent. “These four accidents types accounted for 96 per cent of the total accidents. Hit object on/off road type of accident represents the highest rate of about 5.0 fatalities and 23.5 injuries per accident,” he mentioned.

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