I lost My 3 year innocent child due to Potholes but I want safer roads for all of you!

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I want to bring to your attention about deaths due to Potholes on Indian road condition, it may be due to poor road design, non-maintenance, negligence in duties by private contractors and govt officials like NHAI and municipal corporations!

Besides many individuals, activists, Organizations and NGOs have sent in numerous effective suggestions to incorporate suggested changes in proposed road safety bill and the GoM over the social media, emails and in print. Moreover 50 Rajya Sabha MPs have already appealed through a letter to the Hon’ble Prime minister on the 17th of Dec’15 to bring a Road Safety Bill at the earliest. In recent parliament session in August 2018 also some of the parliament members have raised this concern of pothole deaths where they demanded for Deaths due to #potholes be punished u/s304 #IPC #Culpable Homicide. Which we are also demanding since more than 5+ years now!

it is the duty of the State to protect its Citizens and that should have been your first priority before setting out in pursuance of any other populist agenda. Unfortunately, your Government has failed to provide what our Constitution guarantees under its Article 21 to all its Citizens – ‘The right to live’.

We expect all our leader in all parties to apply Bonafide and due diligence and ensure that all points are included in the Bill that must be tabled in the this/next parliament Session and before that you must help to get this pass via an ordinance to save many innocent lives.

Enclosed:

Mandatory incorporation in the law against potholes suggested under A – B                      

Thank You

Manoj Kumar Wadhwa

Mandatory incorporation in law against Potholes that must be passed in this Parliament Session 2018 or before via an Ordinance

(A) IN RESPECT OF BADLY MAINTAINED & POTHOLED ROADS WHICH HAVE TAKEN MANY LIVES:

1.  Stringent punishment of negligent civic/municipal/highway engineers for faulty road design, Potholes, manholes, poor and wrong road engineering and non-maintenance of roads as this is a reason for 25% of the accidental deaths reported. In fact, any death due to civic negligence should be treated as ‘Culpable homicide not amounting to Murder’. Imprisonment with exemplary damages must be given to negligent municipal & highway officers (Private and Govt both).

1.1. Every Citizen must be empowered to report Any #Pothole, Poor road maintenance and wrong road design to their nearest police station & Police must write complain/FIR against the concerned govt. and private agency responsible for that faulty spot.

1.2. An automatic centralized (one APP to report all issues country wide) mobile application must be launched for complaining the faulty roads (Municipal or national highways). Which must allow to take 2-3 pics of the faulty road/pothole/streetlight and this APP must pick up the location by default based on GPS.

1.3 After submitting the complaint, a ticket number must be assigned to complainant with the name of authority this ticket is assigned to along with concerned engineer name who would be working to resolve the issue.

Any issue which is reported must be resolved in a timely manner with temporary (in 3 days) but safe solution for short term and the problem must be resolved permanently within 1-week time.  else a heavy punishment must be applied (from their personal salary and not from Govt budget) to the responsible maintenance Engineer IN CASE THEY DO NOT REPAIR IN A time of 3 DAYS TO 1 WEEK AFTER COMPLAIN as described above.

If the concerned agency fails to repair the road within 3 days after reporting, then there must be provision of 1-day jail to such negligent officers. Or There can also be step by step punishment like: -

1st time offender: Issue warning with 1 lac rupees fine

2nd time offender: 25 lacs fine

3rd time offender: Cancellation of license and payment stop, and 50 lacs fine

4th time offender (or no solution after 1 week): 1-day jail

1.4. Concerned engineer, Project Director/Project head etc. in case of someone dies due to a such spot or gets injured, which was reported then a criminal case must be registered against that authority in govt and private contractor company.

2.  All roads design must be scientifically proven and supported for a road user

3.  All National or Municipal roads must have working street lights.

4.  A proper drainage system must be made for rainy water or any other source of water

5.   A proper indication or sign board must be placed for under construction or faulty roads. Those spots must be covered properly with metal sheets, sign board and reflectors to avoid any accident

6.   A proper & timely audit must be done by an independent body and audit report must be uploaded for public knowledge. A Victim, NGOs, activists must be a part of such audits.                          

(B) In Respect of Timely, Independent & Scientific Investigation & TRIAL of any Road Accident

7.Establishment of an independent (autonomous), expert and empowered (with powers to register FIRs) Investigative agency to investigate the cause of the road accident in question and may comprise of a specially constituted team of Police Officers, NGOs and Civil Society Members engaged in Road Safety activities appointed for a fixed tenure with mandatory provisions that the new team should assume responsibility within 24 hrs. of the expiry of the tenure of the previous team. F.I.Rs in case of Road Accidents should be filed by the police only on receipt of a report which is to be filed within 6 – 12 hours of the incident.

8.  Scientific and standardized accident investigation system and data collection procedure should be well laid out and defined in the most professional terms.

9. Provisions to ensure that investigations are completed within 3 months and FAST TRACKING of trial within 9 months in SPECIALLY CONSTITUTED TRIBUNALS should be stipulated

 

 

                                                       Update on #Justice4Pavitra
                                         A #Pothole death case SETTING BENCHMARK
It’s been more than 5.5 years when little Pavitra, a 3 year old toddler lost his life due to Pothole roads in Faridabad on national highway. His parents were left in pain in most dark night, crying, shouting in anger but were not able to see their only child Pavitra as he was killed by Potholes! Pavitra’s mother Teena wadhwa was also badly injured as a vehicle coming from behind crushed her both legs. Initially doctor advised to amputate the legs as there was life threatening infection chances in such a bad injury.
Pavitra’s father, Manoj Wadhwa, A telecom engineer was not left any other choice, but he focused on Teena’s recovery first and arranged all best possible medical treatment available in the country. Best effort by the doctors, family support and over and above all of this, it was Teena’s self-courage which helped her to recover after 23 painful surgeries in OT and then numerous numbers of long and painful dressings, physiotherapy at home. Teena was slowly recovering physically, Manoj was thinking to start going to his office after a long mental, emotional trauma of their life. But from inside, as parents… they both were broken! they were not left any choice but willing to make sure that those KILLERS will be punished for sure who killed their innocent child with Potholes! Whose negligence killed Pavitra! They started their legal battle which is now turning out to be a war against negligent officers responsible for potholes resulted not only in Pavitra’s death but also taking 10 innocent lives everyday only on Indian roads! Potholes are bigger killer than terrorism in India. However, Manoj doesn’t believe in this number game and says “every life is important, so we need to give same priorities to save all of them, doesn’t matter who is getting killed how? Things would matter is how we save a single life! What are our intentions?


In Pavitra’s death case, legal proceeding started in 2016 in Punjab and Haryana high court where Hon’ble court asked Faridabad police to investigate the matter on a pothole angle also. And after SIT submitted the report in high court and they filed a challan against 2 companies named “DA TOLL ROAD Pvt Ltd” (Arm of Reliance infra structure) and “Larsen & Turbo”, their directors and that time Project managers under 304(A). this would be first time in history in India when someone is been held accountable and proceedings are underway to fix criminal negligence in a pothole death case.


In the recent development, Hon’ble district court in Faridabad ordered dated 26th March-2019 , Faridabad to name the specific name of directors involved from Larsen and Turbo company. In the reply filed by Faridabad Police has given names of all 15 directors and managing director of L&T on date 1st May 2019.
Now next hearing is listed on 9th August-19 in Faridabad court where all these directors would be applying for their bail.


Manoj and His advocate Mr. Denson Joseph Says- “We have handed over all the documentary evidences to Faridabad SIT police a long back, where we mentioned reason to include two more companies and names of responsible officers who must also be held responsible. And charges framed by police must also be changed to 304(II) as all the negligent officers had prior knowledge about the dangerous potholes which killed Pavitra and injured Teena as well”.


However, Manoj added that he has full faith in Indian judiciary as end of the day we all are human, and we never want that these killers will be free in our society.