Are traffic cops more punitive than curative?


By John B Monteiro

Mangaluru, Jul 5: "People crushed by laws, have no hope but to evade power. If the laws are their enemies, they will be enemies to the law; and those who have most to hope and nothing to lose will always be dangerous," said Edmund Burke (1729 – 1797), an Irish statesman born in Dublin; author, orator, political theorist, and philosopher, who, after moving to England, served for many years in the House of Commons of Great Britain.


File Photo

After adventure of buying a car, or two-wheeler for that matter, parking it is the most challenging chore for vehicle owners. They can’t look forward to acche din as laws, rules and technology are getting into an unholy alliance to enforce new laws and rules that envisage prohibitive fines and jail terms. Adding to their misery are technological tools like CCTV cameras and wheel locks. But, first the facts on the Mangalore scene as published in the media on June 30, 2015 under the heading “Police clamp down on traffic violators.”

Parking your vehicle haphazardly or at no-parking zones? Think again. Mangaluru City Traffic Police (MCTP) will immobilize your vehicle by clamping wheel locks. Taking a note of the callousness on part of vehicle owners in parking vehicles on footpaths and roadsides, especially along the concreted stretches in the city, MCTP has decided to intensify its drive against errant vehicle owners.

City police chief S Murugan in an advisory posted on the police website noted that the practice among owners to park vehicles on footpaths or alongside kerbs of cement concrete roads in the city is constantly on the rise. This causes inconvenience to not only vehicle users, but also to pedestrians, Murugan said, adding police will clamp wheel locks on such vehicles and collect fines from their owners.

Murugan separately told media-persons that 55 CCTV cameras have already been installed within the limits of city police commissionerate by the police department. “The department plans to install 60 more such cameras to book violators and bring down such violations, During the last year, we had registered 1,05,000 cases for traffic rule violations, and collected fine of Rs 1.8 crore. This year around, already 55,000 cases have been registered, and a sum of Rs 60 lakh has been collected in the form of fine,” he also stated. that the department's firm stand to take stern action against vehicles which are parked overlooking rules, by making use of CCTV footage.

Uday Nayak, assistant commissioner of police (traffic), said the unit has 120 wheel locks. "We have plans to procure 140 more wheel locks". MCTP has also started hanging big placards on the rear view mirror on the driver's entry side of vehicles to indicate that police have clamped wheel locks on their vehicles. Explaining reasons for the move, Nayak said in many instances vehicle owners have moved the vehicles not noticing the wheel lock damaging the lock and the wheel. The placard has the official mobile number of the police inspector concerned. Vehicle owners can contact the officer and pay a fine of Rs 100 to get the locks released. The lock with adjustable clamp can be used to lock wheels of almost all types of vehicles starting from a scooter to goods tempo van.

"Certain influential people not owning their mistakes have exerted pressure on senior officials and got the locks released without paying the fine as well”, Nayak said without going into details.

This is to be expected because the rich and powerful flaunt their high connections which tendency was noted even 2500 years ago when Anacharsis, Sythian philosopher, told Solon while writing his laws: ‘Written laws are like spiders’ webs, and will like them only entangle and hold the poor and the week, while the rich and powerful easily break through them”. Much later. Oliver Goldsmith (1728- 1774), Irish poet and prose writer, reiterated the point when he said:”Laws grind the poor, and the rich man rules the law”.

That is why at nakhabandis, traffic islands and round-abouts, the police will stop two wheelers, low-end cars and goods vehicles and do not risk stopping high-end sedans whose occupants could be well connected to the high and mighty in the government and could easily manage a suspension or transfer of the cop enthusiastic about enforcing traffic laws. Yet, traffic laws and rules are multiplying despite their doubtful efficacy having been foretold by Terence Publius, Roman comic poet (BC185-159): “The strictest law sometimes becomes the harshest injustice”. This is specially for the poor and helpless. Yet, we keep on adding laws and rules. The enhanced fines provide greater margins for cops to negotiate non-official deals. If the fine is Rs 100, as now, is enhanced to Rs 1000, as proposed, the window for negotiations is very wide and lucrative.

If the cops were merely punitive and officially fined the vehicle-owners, it would mean funds for the exchequer and the citizens at large stand to benefit. But, often the punitive powers are converted into acquisitive powers for personal corrupt gains. Massive traffic flow, like in Mumbai or Bangalore, is a great opportunity to line the pockets of corrupt cops. The cops who direct traffic at busy junctions, standing in sun or rain for up to ten hours a day is a subject of public pity. But, less is known about some of the black sheep among them who selectively stop vehicles, pull them away from public gaze and collect their booty. In Mumbai, for instance, many a corrupt cop catches the drivers on the wrong side of the law and by evening marches home with pockets bulging with currency notes. There is some ethical strand even in collecting such tainted money. If you are caught for an offence, say for not wearing safety helmet or not carrying licence, you don’t risk paying at multiple check points. The cop who first catches you gives you the password for the day, say ‘dog’ or ‘cat’ or ‘Coca-Cola’, and this is honoured by cops who halt you subsequently.

How to you switch from punitive and acquisitive to curative and facilitative cops? Take the case of Mangaluru, for instance. If you visit, AJ Hospital at Kuntikana, the campus has hundreds of vehicles neatly parked with entry and exits kept clear by traffic marshals. All the parking lots are tightly marked and the driver can easily manage comfortable parking. Mangaluru’s artery roads can easily replicate this by marking parking spaces separately for four wheelers and two wheelers – and have unemployed youth to manage stretches of roads. This is important for a haphazardly parked two-wheeler can foreclose the space for four-wheeler parking.

This brings us to the other problem of foreclosing parking lot by shop-owners and business entities by putting up boards indicating exclusive reservation for customers having business dealings with XYZ shop or office. This is acceptable if the space is exclusively owned by a party – as the large foreground of Milagres Church in the parking space-starved Hampankatta area. But the street fronts of buildings are set-offs given under building laws and the building owners or occupiers have no legal rights for such parking spaces. Yet, such people, often employing a watchman, threaten to deflate the tyres. The cops should prohibit such exclusive illegal reservation so that the available parking lot is optimally used.

There is a way out of this illegal reservation. When paid parking was introduced in the original business district of Mumbai, Ballard Estate, the business entities who exclusively owned buildings, like L&T House, bought the parking space abutting the three sides of the buildings by paying the parking fee for the whole day so that their employees and visitors can park their vehicles without daily hassles. Now the same concept is being extended to residential areas where old buildings do not have captive parking garages or compounds are not able to cope with the vehicles of all flat owners. Such residents can buy monthly parking lots at a price for night parking from 8PM to 8AM when business visitors to the area go away to their residences.

Incidentally the vehicle parking problem is not unique to Mangaluru. For instance, for the last few years, Bangaluru has been showing the country the way on traffic enforcement. It has installed 173 surveillance cameras, 5 static enforcement cameras and 500 portable digital cameras to keep an eye out for rule breakers. Nearly 2,000 cases are booked every day there using digital surveillance. Challans are issued with handheld devices and an online gateway enables and facilitates electronic payment of fines.

The bottom-line is we need a paradigm change in facing our parking problems, a shift from punitive/acquisitive to curative/facilitative environment. Any takers?


Veteran journalist and author, John B Monteiro now concentrates on Editorial Consultancy, having recently edited the autobiography of a senior advocate, history and souvenir to mark the centenary of Catholic Association of South Canara and currently working on the history/souvenir to mark the platinum jubilee of Kanara Chamber of Commerce & Industry. He is also Editorial Consultant and content supplier for Vishal Jagriti, the English monthly of All India Catholic Union, now published from Mangaluru.

 

  

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Comment on this article

  • John B. Monteiro, Bondel Mangalore

    Mon, Jul 06 2015

    The crux of the parking problem is supply and demand. When there is a great demand for automobiles, the manufacturers do not rush to add capacity but extend working hours to two, or even three, shifts. Similarly, the cops and transport authorities should respond creatively and realistically with a self examination. Governments by nature are fond of prohibiting and reserving so that citizens run after them to grant exceptions and favours – with or without money exchanging currency under the table.
    It is time that old, outdated rules of reservation and prohibition are reviewed and modified in the interest of citizens. An old rule specifies that you cannot park within X metres of a bus stop. These rules were drafted when there were less bus stops and buses and less vehicles. We should examine if the X distance is justified in today’s context and release part of the earlier distance reserved for parking. This could also apply to bends on the roads.
    Yet another practice is to indicate ‘no-parking’ with an arrow pointed on either side. It could mean any or infinite length and the cops can use such vague ‘no-parking’ signs to harass motorists. The correct thing is have signboards at either ends of the stretch secured for ‘no-parking’
    Finally, all the ‘no-parking’ stretches should be audited and reviewed to make sure if they can now be fully or partly released for parking in favour of motorists. This can be done by a joint committee of cops and citizens - say the local corporator or MLA who know where the shoe pinches. This becomes a totally local issue and does not call, in most cases, for amending laws and rules.

    DisAgree Agree [1] Reply Report Abuse

  • Krupakar, Mangalore

    Mon, Jul 06 2015

    Police/RTA: Please do not allow people to park vehicles in front of shopping complex by blocking the free movement of vehicles.
    Not sure what happened to the good strict rules near bendore well.

    DisAgree [1] Agree [5] Reply Report Abuse

  • N Shetty, Mangluru

    Mon, Jul 06 2015

    I drive regularly between Surathkal n Manglore. Wghish to highlight some observations.
    The vehicles at Surathkal heading to Manglore have to be driven on the "Wrong side" as there is no proper 'Right side". Despite repeated requests to authorities a "Warning Board' has not been put up. NHAI has put up a speed limit board of 80 Kms at a place where students and Pedestrians move around.(classic case ..right at the Baikampady junction ).
    The RTA n Police should ensure that ALL Heavy vehicles moving in the Dock area have their number Plates n Lights including indicators ,in Working condition. I can safely bet that 80% are not having them.Its very unsafe to drive in that stretch.Highway squad should penalise them the same way the RTA fines Two n Four wheelers.
    The Municipal people should remove all the boards in front of Commercial establishments indicating "Parking for...Customers only ".
    The Builders have closed the Parking lots and sold them illegally...The Police should move around in Unmarked cars (like they do in some Countries).

    Finally, we as Motorists should follow the Rules n Etiquette of Good n Safe Driving....

    DisAgree Agree [5] Reply Report Abuse

  • Ashok, Mangalore

    Mon, Jul 06 2015

    Dear RTO i want to highlight one small issue. While traveling from MCF to Kulur The bridge entry point is curve. so many accidents are happened so many vehicles got damaged,people lost life or whole life people are in bed may be thousands. I am asking authorities what steps taken to avoid accidents. There is plenty of land is available. only you have to remove bend make road straight. I am begging authorities please make this stretch straight. Before imposing rules provide parking lots,signals first of all foot path for pedestrian

    DisAgree Agree [10] Reply Report Abuse

  • Aadil Khan , Kasaragod/Saudi Arabia

    Mon, Jul 06 2015

    Last week I was driving thru Father Muller's Hospital and I was caught by traffic Police and charged me Rs. 100 for not wearing seat belt. God knows when this rule was invoked in Mangalore city.

    DisAgree [22] Agree [5] Reply Report Abuse

  • Marle, Mangalore

    Mon, Jul 06 2015

    Seat belt is for safety and I guess the law is even more stricter at Saudi.
    More than the rule it is for your own safety. so i guess 100 rs is not a huge amount considering your life for your dear one's.

    One suggestion, don't follow rules just t follow them. Make sure safety comes first for you and others too.

    DisAgree Agree [19] Reply Report Abuse

  • Anilkumar, Mangalore

    Sun, Jul 05 2015

    "Follow the law like in Western countries...." my foot. Our politicians can only make entertainment trips to western countries. They cannot bring the law from these countries for next 3 generations.
    Even slightest inclination to bring traffic sense among the drivers is not seen. Even if we have 3 lane road width, vehicles cannot move faster than 30 kms per hour. In middle East, even in 2 lane roads, minmum speed of 80 kms is maintained. Just imagine the discipline. No lane changing without signalling, no two wheeler menace, no autorickshaw menace, no animals, no pedestrians out of footpath, absolutely NO QUESTION OF STOPPING OR SLOWING THE STRAIGHT TAFFIC BECAUSE OF SOMEONE FROM CROSS ROAD ENTERING . Our officials and public will not learn this for another century. On the contrary, day by day they go from bad to worse.

    DisAgree [1] Agree [15] Reply Report Abuse

  • Utkarsh, MNG

    Sun, Jul 05 2015

    Police here in Mangalore want to follow law like western countries and that's good but like them we dont get facilities to park our car. There are no pay park too. Old building wont have parking facilities and we cant park on the side of the road or any other building.

    DisAgree [2] Agree [10] Reply Report Abuse

  • PEDDU, MANGALURU

    Sun, Jul 05 2015

    OBVIOUSLY COPS ARE LURED FOR CORRUPTION DUE TO THEY GOT THE JOB BECAUSE OF NOT THEIR MERITS BUT BECAUSE OF CORRUPTION !!

    BELIEVE IT OR NOT ITS TRUE !!!

    WHOLE SYSTEM IS CORRUPT JUST SEE TODAY NEWS AND READ THE NEWS PAPER

    DisAgree [2] Agree [12] Reply Report Abuse

  • Sanjay, hebri

    Sun, Jul 05 2015

    These police catch only two wheelers & cars...they don't catch tippers & buses who stop in middle of road or rash driving. Because these bus owners give mamuli... #indiawillneverbecurroptionfree

    DisAgree [1] Agree [23] Reply Report Abuse

  • alwin, mangalore

    Sun, Jul 05 2015

    Good governance is providing good facilities. Imposing penalty by irregular inspection and imposing penalty is not good management of the department. In many places traffic police are not there. The vehicles are parked on the road side which is inconvenient to the people go by walking as there is no foot path or road side.some places both road sides are blocked.some places in front of the building parking is blocked,walls side of the building acquiring parking are not cleared. If all these can be watched in cctv please watch cctv and clear the roads which will help free moving of vehicles and also free waling.please clear road side,parking place,and foot path in front of buildings,restaurants,lanes etc

    DisAgree Agree Reply Report Abuse

  • Joe Gonsalves, Mangalore

    Sun, Jul 05 2015

    I have known traffic for the past eighty years. I was a motor cyclist way back in the forties and have been driving for almost seventy-five years. It was a pleasure to drive in the forties and fifties without any hurdles.

    Relatively I have been driving in U.S.A. and Canada for over thirty-five years. I have no hesitation in stating that despite heavy traffic it is a pleasure to drive in North America and Europe mainly because people respect traffic rules and of course there is no getting away if one is caught by the department. Fine for not wearing a seat belt is $150/- which is nearly equivalent to Rs.8,000/-

    Coming to traffic in Mangalore, I drive at my ripe old age with all the care possible but consider it a privilege to return home without any accident. The worst menace happens to be the three wheelers overtaking from any side without any respect for law. To add to this we have buses over speeding and stopping anywhere to pick up passengers. Mr. Uday Nayal is very much in the news these days and indeed he is doing a great job under the guidance of Mr. Murugan. As I understand the department is having plans to seek the support of the public to work in conjunction with the traffic police. This should very much ease the traffic situation especially during peak hours.

    DisAgree [1] Agree [17] Reply Report Abuse

  • Sanjay, Mangalore

    Sun, Jul 05 2015

    Impressive sir, how old are you now? Definately 95...This is a great achievement!!!

    DisAgree [1] Agree [8] Reply Report Abuse

  • Alex, Mangalore

    Mon, Jul 06 2015

    It is really nice to drive in North America for sure. I had the opportunity to get a fine of US Dollars 303 for parking while offloading items at a forbidden parking spot just for 2 minutes.
    Still it is worth to note that law is law, no matter what.
    Middle eastern countries embassy staff traffic penalties run nearly to million dollars each year, in USA.

    DisAgree Agree [3] Reply Report Abuse

  • Dylan, Mangalore

    Sun, Jul 05 2015

    Cops some action as been taken on K.S.Rao road like locking cars parked on footpaths. Please do lock cars on the Mother Teresa formerly Kankannady-Falnir road.There is no place for pedestrians to walk on the footpaths or even on the road of Kankannady-Falnir road, its really bad. Authorities should do something to solve the parking menace.Senior citizens and students have a difficult time walking on this road.

    DisAgree Agree [4] Reply Report Abuse

  • Ronald, Mangalore

    Sun, Jul 05 2015

    Milagres cross road is one-way for traffic from Milagres towards main road, but all RICKSHAW drivers enters from no entry to save their petrol and police always use their blind eye on them why?
    when a 2 wheeler OR A scooter enters from main road immediately they catch him squeeze money from 2 wheeler rider, this is everyday's story and senior officer waits little far away near Saldore cold storage in a jeep just to oversee the collection of the day.This is going on from many years like good "collection point" for police people.

    THIS IS STRANGE BUT TRUE.
    PEOPLE WHO GO TO SALDORE COLD STORE THEY CAN SEE THIS EACH AND EVERY TIME.

    DisAgree Agree [6] Reply Report Abuse

  • Anilkumar, Mangalore

    Sun, Jul 05 2015

    Its a pity that police in India only look at punishing the guilty and never bothered to stop guilt. They will go on introducing no parking signs but not bothered to find some way to provide parking place. According to them easiest way to solve the traffic problem is to prevent the vehicles from plying or from parking. That is why they will introduce no parking and one ways. No one has an answer as to where the vehicle needs to be parked.
    The strip in front of Ganapathy High school was being used for angular parking by private cars. Soon the traffic dept came with a board preventing this. Don't be surprised if you very soon find illegal rickshaw stand there for which traffic people have no control.
    New constructions in Mlore are given conditional permissions to construct leaving sufficient parking place. But they try to stop parking by putting boards like parking for vehicles connected with their building only knowing fully well that the space does not belong to them.

    DisAgree Agree [11] Reply Report Abuse

  • John B., Mangalore

    Sun, Jul 05 2015

    Udaya Nayak what action you will take who jump the red signal? Today morning at 9 am a Mahindra Bolero (who probably came out from Bendore church) went to the extreme left and break the signal took the U turn to the right to come towards Vas Bakery side. Every one was watching this scene.. If there was a camera at Bendore signal you will definitely notice. We can see many people who break signals and get away with it. The cameras should be installed near to the traffic signals as well.

    DisAgree Agree [23] Reply Report Abuse

  • Baptist, Mangalore

    Sun, Jul 05 2015

    Yes, I saw this vehicle I was coming out from the Bendore church after 8 am mass and waiting for the signal. The traffic was blocked for sometime because of this. It could have been an another accident similar to the one at Valencia junction in which Leena Benoy lost her life.

    DisAgree [2] Agree [16] Reply Report Abuse


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