The government is likely to approve the draft law of the Road Transport Act on Monday, keeping the provision of maximum punishment for five years for reckless driving, which contradicts an earlier High Court (HC) verdict that reinstated the highest punishment for rash driving to seven years imprisonment. In a verdict, the High Court on March 8 in 2015 reinstated the highest punishment for reckless driving to seven years in prison from the prevailing three-year jail term. In its observation, the HC had also recommended that the punishment for reckless driving should be increased further to ensure the right to life for the people.

The government took the initiative to approve the draft law of the Road Transport Act amidst ongoing student protests in the capital and across the country demanding safe roads and justice for the deaths of two students in a road accident on Airport Road on July 29.

Following the student protests, Road Transport and Bridges Minister Obaidul Quader on Thursday said that if the draft of the Road Transport Act is enacted into law then it will be possible to ensure the highest punishment for those responsible for road accidents — and restore discipline on the roads.

As the movement continues by the students for road safety and capital punishment for the death of reckless driving, the government is set to approve the draft law of Road Transport Act on Monday that does not contain capital punishment for the offenders.

Stakeholders have been demanding for long a capital punishment provision in the law for those responsible for deaths in fatal road accidents. But the highest punishment in the draft law is five years in jail. The demand for capital punishment gained momentum following the deaths of noted film director Tareque Masud and Chief Executive Officer of ATN News Mishuk Munier, who were killed in a road accident in Manikganj on August 13, 2013. In the draft law, the punishment for death through road accident is being kept as per the Bangladesh Penal Code, 1860. Sections 304 (A) and 304 (B) of the Penal Code states that maximum punishment shall be five years and three years in jail for road accident cases.

The highest penalty for death because of reckless driving was seven years as per the penal code, but the law was amended in 1985 and the punishment was commuted to three-year jail.

The HC bench comprising Justice Salma Masud Chowdhury and Justice M Khasruzzaman had come up with the verdict directing government to set the maximum penalty for reckless driving to seven years jail term following a writ petition in 2015. Human Rights and Peace for Bangladesh (HRPB) President Advocate Manzill Murshid had filed the petition seeking High Court’s order upon the government to cancel the commuted penalty for reckless drivers.

At that time Murshid told reporters that the law which provided seven years highest punishment for road accident will now remain in force following the HC verdict.

Talking to The Independent Murshid yesterday said that if the government would pass the law keeping the provision of maximum punishment of five years for reckless driving, it would be a contempt of court as the HC had already reinstated seven years punishment for this offence.

“The punishment of death following reckless driving should be at least life term imprisonment as the High Court in its observation recommended to increase the punishment for ensure justice,” Murshid said.

Supreme Court lawyer Advocate Ahsanul Karim told this correspondent that the punishment for the road accident causing death must be life term imprisonment for the safety of people.

“If the punishment will not at least life term imprisonment for the offenders, the fatality in the road would not be stopped as the drivers continued reckless driving resulting the death of number of people in the road accident,” Karim said.

The government should increase the punishment of Road Transport Act before giving approval in the cabinet meeting considering the greater interest of the people, he noted.

Barrister Ruhul Kudduz Kazal, who moved separate writ petitions with the HC relating to the road the accident incident, said that the punishment should not be three or five years in jail for the death of road accident. The law must keep the capital punishment for the offenders those who were involved in killing people by reckless driving, he added.

“It will be a mockery with the people if the government would pass the law quickly without keeping the capital punishment in the law for the offenders,” Kazal said.

It may be mentioned that the government took the initiative to formulate the Road Transport Act in 2009 but could not finalize the draft in its first five-year term which ended in 2014 as associations of road transport owners and workers raised objections against various provisions of the law.

During the government’s second term, the Road Transport and Highways Division finalized a draft of the bill. The draft will replace the existing Motor Vehicles Ordinance, 1983.

On March 27, 2017, the Cabinet approved in principle the draft of the Road Transport Act and made some observations. The Road Transport and Highway Division sent the proposed draft to the Legislative and Parliamentary Affairs Division for vetting and revisions on April 17, 2017.   

On January 4, 2018 the draft was analysed in a meeting chaired by Law Minister Anisul Huq and finally the law ministry recently sent the draft law to the concerned ministry for placing it before the cabinet to be held on Monday.

The draft will be tabled in the next cabinet meeting. After the cabinet approves the bill, it will be placed before parliament for vetting. Then the bill will be enacted as law.

The proposed draft has 14 chapters and 144 sections that set many criteria for getting driving licence including education of up to at least eighth grade for getting a driving licence and up to fifth grade to work as a helper. Penalties ranging from one to three months’ jail and Tk 5,000 – Tk 35,000 fine for being intoxicated or using mobile phone while driving and driving on the wrong side of the road have also been included. The draft law introduces harsher punishments for many other driving offences.