ALTERNATIVE DISPUTE RESOLUTION

LEGAL SURVEY

ON

“CHALLENGES FACED BY DISABLED CHILDREN IN

EDUCATIONAL INSTITUTIONS IN TRIVANDRUM”

 TEAM MEMBERS

NAME ROLL NUMBER

 ARAVINDH S KUMAR BATCH-I, ROLL NUMBER 09

 ARUN KUMAR K BATCH-I, ROLL NUMBER 10

 RADAKRISHNA KURUP C. BATCH-I, ROLL NUMBER 35

 RAFEEQ ZAKARIYA. T BATCH-I, ROLL NUMBER 36

 SREEKUMAR G.C BATCH-I, ROLL NUMBER 47

 ANANDHU D.S. BATCH-II, ROLL NUMBER 6

 CHAPTER - 1

INTRODUCTION

ALTERNATE DISPUTE RESOLUTION

“ An ounce of mediation is worth a pound of arbitration and a ton of litigation.”

Joseph Grynbaum

Arbitration is a method of settlement of disputes as an alternative to the normal judicial

method. It is one of the methods of alternative dispute resolution (ADR). Of all the forms
of ADR like conciliation, mediation, negotiations, etc, arbitration has become the dominant
form of ADR. It is more firmly established in its utility. Alternative Dispute Resolution was
conceived of as a dispute resolution mechanism outside the court of law established by the
Sovereign or the State. ADR can be defined as a collective description of process
or mechanisms that parties can use to resolve disputes rather than bringing a claim through
the formal court structure. ADR is a part of civil justice system with the United Kingdom. It
is a key aspect of the civil justice system and has grown over the past forty years. The law
relating to arbitration is contained in the Arbitration and Conciliation Act, 1996. It came into
force on the 25th of January, 1996. It provides for domestic arbitration, international
commercial arbitration and also enforcement of foreign arbitral awards. It also contains the
new feature on conciliation. Like arbitration, conciliation is also getting increasing worldwide
recognition as an instrument for settlement of disputes. However, with the passage of time,
the phrases ―Arbitration and ADR came in vogue, which implied that arbitration was
distinct from other ADR forms.
Before the enactment of Arbitration and Conciliation Act, 1996 the practice of amicable
resolution of disputes can be traced back to historic times, when the villages’ disputes were
resolved between members of particular relations or occupations or between members of
a particular locality. “Of all mankind’s adventures in search of peace and justice, arbitration
is amongst the earliest. Long before law was established or courts were
organised, or judges has formulated principles of law, man had resorted to arbitration for
resolving disputes.” With the advent of the British rule and the introduction of their legal
system in India starting from the Bengal Regulation of 1772, the traditional system of dispute
resolution methods in India gradually declined. The successive Civil Procedure Codes
enacted in 1859,1877 and 1882, which codified the procedure of civil courts, dealt with both
arbitration between parties to a suit and arbitration without the intervention of a court. The
first Indian Arbitration Act was enacted in 1899. The year 1940 is an important year in the
history of law of arbitration in British India, as in that year the Arbitration Act, 1940 was
enacted. It consolidated and amended the law relating to arbitration as contained in the Indian
Arbitration Act, 1899 and the Second Schedule to the Code of Civil Procedure, 1908. It was
largely based on the English Arbitration Act, 1934. Later on this was repealed and thus The
Act of 1996 was enacted due to some misconstruction of the before Act of 1940. The
Arbitration Act, 1940 dealt with only domestic arbitration. In so far as international
arbitration was concerned, there was no substantive law on the subject. However,
enforcement of foreign awards in this country was governed by two enactments, the
Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and
Enforcement) Act, 1961. These two statutes, in their entity, except for Section 3 (in both
of them) did not deal with international arbitration as such but merely laid down the
conditions for enforcement of foreign awards’ in India.
The purpose of ADR is to resolve the conflict in a more cost effective and expedited manner,
while fostering long term relationships. ADR is in fact a less adverse means, of settling
disputes that may not involve courts. ADR involves finding other ways (apart from
regular litigation) which act as a substitute for litigation and resolve civil disputes, ADR
procedure are widely recommended to reduce the number of cases and provide cheaper and
less adverse form of justice, which is a lesser formal and complicated system. Off late even
Judges have started recommending ADR to avoid court cases. In essence the system of ADR
emphasizes upon:

• Mediation rather than winner take all.

• Increasing Accessibility to justice.
• Improving efficiency and reducing court delays.

ADR aims to provide the parties with cheap, speedy and less formalistic remedy to the
aggrieved party. It aims at providing a remedy which is most appropriate in the circumstances
of the case. This makes ADR a viable substitution for arbitration or litigation.ADR is an
umbrella term for a variety of processes which differ in form and application. Alternative
Dispute Resolution, as the name suggests, is an alternative to the traditional process of
dispute resolution through courts. It refers to a set of practices and techniques to resolve
disputes outside the courts. It is mostly a non-judicial means or procedure for the settlement
of disputes. In its wider sense, the term refers to everything from facilitated settlement
negotiations in which parties are encouraged to negotiate directly with each other prior to
some other legal process, to arbitration systems or mini trials that look and feel very much
like a court room process. The search for a simple, quick, flexible and accessible dispute
resolution system has resulted in the adoption of Alternative Dispute Resolution mechanisms.
The primary object of ADR system is avoidance of vexation, expense and delay and
promotion of the ideal of “access to justice”. Alternative Dispute Resolution‘ or ADR is an
attempt to devise machinery which should be capable of providing an alternative to the
conventional methods of resolving disputes. An alternative means the privilege of choosing
one of two things or courses offered at one‘s choice. It does not mean the choice of an
alternative court but something which is an alternative to court procedures or something
which can operate as court annexed procedure. The ADR techniques mainly consist of
negotiation, conciliation, mediation, arbitration and a series of hybrid procedures. It is settled
law that free legal aid to the indigent persons who cannot defend themselves in a Court of law
is a Constitutional mandate under Article 39-A and 21 of the Indian Constitution. The right to
life is guaranteed by Article 21.The law has to help the poor who do not have means i.e.
economic means, to fight their causes.
The history of Alternative Dispute Resolution forum at international level can be traced
back from the period of Renaissance, when Catholic Popes acted as Popes as arbitrators in
conflicts between European countries. Many international initiatives are taken towards
alternative dispute resolution. The growth of international trade is bound to give rise to
international disputes which transcend national frontiers and geographical boundaries.
ADR has given fruitful results not only in international political arena but also in
international business world in settling commercial disputes among many co-operative
houses. ADR is now a growing and accepted tool of reform in dispute management in
American and European commercial communities. ADR can be considered as a co-operative
problem-solving system. The biggest stepping stone in the field of international ADR is the
adoption of UNCITRAL (United Nations Commission on International Trade Law) model on
international commercial arbitration. An important feature of the said model is that it has
harmonized the concept of arbitration and conciliation in order to designate it for universal
application. General Assembly of UN also recommended its member countries to adopt this
model in view to have uniform laws for ADR mechanism. Many international treaties and
conventions have been enacted for establishing ADR worldwide. Some of the important
international conventions on arbitration are:
 • The Geneva Protocol on Arbitration clauses of 1923.
• The Geneva Convention on the execution of foreign award, 1927.
• The New York Convention of 1958 on the recognition and enforcement of foreign
arbitral award.

In India, Part III of Arbitration and Conciliation Act, 1996 provides for International
Commercial Arbitration. Another step in strengthening the international commercial
arbitration is the established of various institutions and organizations such as:

• International Court of Arbitration of the International Chamber of Commerce (ICC).

• Arbitration and Mediation Centre of World Intellectual Property Organization.
• American Arbitration Association (AAA).
• Tehran Regional Arbitration Centre (TRAC).
• International Centre for Dispute Resolution (ICDR).
• Organization of American States (OAS), etc.

The alternative modes of disputes resolution include- Arbitration, Negotiation, Mediation,

Conciliation, Lok Adalat, National and State Legal Authority. ADR strategies which facilitate
the development of consensual solution by the disputing parties are therefore considered a
viable alternative. ADR methods such as mediation, negotiation and arbitration along with
many sub-strategies are increasingly being employed world over in a wide range of conflict
situations, ranging from family and marital disputes, business and commercial
conflicts, personal injury suits, employment matters, medical care disputes, construction
disputes to more complex disputes of a public dimension such as environmental disputes,
criminal prosecutions, professional disciplinary proceedings, inter-state or international
boundary and water disputes.
The Arbitration and Conciliation Act, 1996 contains 85 Sections, besides the Preamble and
three Schedules. The Act is divided into four Parts. Part-I contains general provisions on
arbitration. Part-II deals with enforcement of certain foreign awards. Part-III deals with
conciliation. Part-IV contains certain supplementary provisions. The Preamble to the Act
explains the basis of the proposed legislation. The three Schedules reproduce the texts of the
Geneva Convention on the Execution of Foreign Awards, 1927; The Geneva Protocol on
Arbitration Clauses, 1923; and the New York Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, 1958 respectively.

BENEFITS AND DISADVANTAGES

ADR has several advantages over litigation:

• Suitable for multi-party disputes

• Lower costs

• Likelihood and speed of settlements

• Flexibility of process

• Parties' control of process

• Parties' choice of forum

• Practical solutions

• Wider range of issues can be considered

• Shared future interests may be protected

• Confidentiality

• Risk management

However, ADR less suitable than litigation when there is:

• A need for precedent

• A need for court orders

• A need for interim orders

• A need for evidential rules

• A need for enforcement

• Power imbalance between parties

• Quasi-criminal allegations

• Complexity in the case

The evolution of ADR mechanisms was not of that much success. Thereby, the trend is the
imposition of responsibility and duty on Court

i) Courts are authorized to give directives for the adoption of ADR mechanisms by the parties
and for that purpose Court has to play important role by way of giving guidance. Power is
also conferred upon the courts so that it can intervene in different stages of proceedings. But
these goals cannot be achieved unless requisite infrastructure is provided and institutional
frame work is put to place.

ii) The institutional framework must be brought about at three stages, which are:

• Awareness: It can be brought about by holding seminars, workshops, etc. ADR

literacy program has to be done for mass awareness and awareness camp should be to
change the mindset of all concerned disputants, the lawyers and judges.

• Acceptance: In this regard training of the ADR practitioners should be made by some
University together with other institutions. Extensive training would also be necessary
to be imparted to those who intend to act as a facilitator, mediators, and conciliators.
Imparting of training should be made a part of continuing education on different
facets of ADR so far as judicial officers and judges are concerned.

• Implementation: For this purpose, judicial officers must be trained to identify cases
which would be suitable for taking recourse to a particular form of ADR.

iii) ADR Mechanisms to be made more viable: The inflow of cases cannot be stopped
because the doors of justice cannot be closed. But there is a dire need to increase the outflow
either by strengthening the capacity of the existing system or by way of finding some
additional outlets.

iv)Setting up of Mediation Centres in all districts of each state with a view to mediate all
disputes will bring about a profound change in the Indian Legal system. These Mediation
centres would function with an efficient team of mediators who are selected from the local
community itself.

v) Not many Indians can afford litigation. This kind of state of affairs makes common people,
especially rural people, cynical about judicial process. We must take the ADR mechanism
beyond the cities. Gram Nyayalayas should process 60 to 70 percent of rural litigation
leaving the regular courts to devote their time to complex civil and criminal matters.
vi) More and more ADR centres should be created for settling disputes out-of-court. ADR
methods will achieve the objective of rendering social justice to the people, which is the goal
of a successful judicial system.

vii) The major lacuna in ADR is that it is not binding. One could still appeal against the
award or delay the implementation of the award. “Justice delayed is justice denied.” The very
essence of ADR is lost if it is not implemented in the true spirit. The award should be made
binding on the parties and no appeal to the court should be allowed unless it is arrived at
fraudulently or if it against public policy.

MODES AND PRACTICES OF ADR IN INDIA

ADR can be broadly classified into two categories: court-annexed options (Mediation,
Conciliation) and community based dispute resolution mechanism (Lok-Adalat).

The following are the modes of ADR practiced in India:

Arbitration

Mediation

Conciliation

Negotiation

Lok Adalat

National Legal Services Authority (NALSA) along with other Legal Services Institutions
conducts Lok Adalats. Lok Adalat is one of the alternative dispute redressal mechanisms, it is
a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/
compromised amicably. Lok Adalats have been given statutory status under the Legal
Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok
Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no
appeal against such an award lies before any court of law. If the parties are not satisfied with
the award of the Lok Adalat though there is no provision for an appeal against such an award,
but they are free to initiate litigation by approaching the court of appropriate jurisdiction by
filing a case by following the required procedure, in exercise of their right to litigate.
There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in
the court of law is referred to the Lok Adalat and is settled subsequently, the court fee
originally paid in the court on the complaints/petition is also refunded back to the parties. The
persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats,
they have the role of statutory conciliators only and do not have any judicial role; therefore
they can only persuade the parties to come to a conclusion for settling the dispute outside the
court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or
settle cases or matters either directly or indirectly. The Lok Adalat shall not decide the matter
so referred at its own instance, instead the same would be decided on the basis of the
compromise or settlement between the parties. The members shall assist the parties in an
independent and impartial manner in their attempt to reach amicable settlement of their
dispute.

As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to determine and to
arrive at a compromise or settlement between the parties to a dispute in respect of -

(1) Any case pending before; or

(2) Any matter which is falling within the jurisdiction of, and is not brought before, any court
for which the Lok Adalat is organised.

Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to
divorce or matters relating to an offence not compoundable under any law.

Nature of Cases to be Referred to Lok Adalat

1. Any case pending before any court.

2. Any dispute which has not been brought before any court and is likely to be filed before
the court.

Provided that any matter relating to an offence not compoundable under the law shall not be
settled in Lok Adalat.
SUGGESTIONS FOR IMPROVING MECHANISMS

The evolution of ADR mechanisms was not of that much success. Thereby, the trend
is the imposition of responsibility and duty on Court

i) Courts are authorized to give directives for the adoption of ADR mechanisms by the parties
and for that purpose Court has to play important role by way of giving guidance. Power is
also conferred upon the courts so that it can intervene in different stages of proceedings. But
these goals cannot be achieved unless requisite infrastructure is provided and institutional
frame work is put to place.

ii) The institutional framework must be brought about at three stages, which are:

Awareness: It can be brought about by holding seminars, workshops, etc. ADR literacy
program has to be done for mass awareness and awareness camp should be to change the
mindset of all concerned disputants, the lawyers and judges.

Acceptance: In this regard training of the ADR practitioners should be made by some
University together with other institutions. Extensive training would also be necessary to be
imparted to those who intend to act as a facilitator, mediators, and conciliators. Imparting of
training should be made a part of continuing education on different facets of ADR so far as
judicial officers and judges are concerned.

Implementation: For this purpose, judicial officers must be trained to identify cases which
would be suitable for taking recourse to a particular form of ADR.

iii) ADR Mechanisms to be made more viable: The inflow of cases cannot be stopped
because the doors of justice cannot be closed. But there is a dire need to Fast track arbitration
is a time-bound arbitration, with stricter rules of procedure, which do not allow any laxity for
extensions of time, and the resultant delays, and the reduced span of time makes it more cost
effective. Sections 11(2) and 13(2) of the 1996 Act provides that the parties are free to agree
on a procedure for appointing an arbitrator and choose the fastest way to challenge an arbitral
award respectively. The Indian Council of Arbitration (ICA) has pioneered the concept of fast
track arbitration in India and under its rules, parties may request the arbitral tribunal to settle
disputes within a fixed timeframe increase the outflow either by strengthening the capacity of
the existing system or by way of finding some additional outlets.
iv) Setting up of Mediation Centres in all districts of each state with a view to mediate all
disputes will bring about a profound change in the Indian Legal system. These Mediation
centres would function with an efficient team of mediators who are selected from the local
community itself.

v) Not many Indians can afford litigation. This kind of state of affairs makes common people,
especially rural people, cynical about judicial process. We must take the ADR mechanism
beyond the cities. Gram Nyayalayas should process 60 to 70 percent of rural litigation
leaving the regular courts to devote their time to complex civil and criminal matters.

vi) More and more ADR centers should be created for settling disputes out-of-court. ADR
methods will achieve the objective of rendering social justice to the people, which is the goal
of a successful judicial system.

vii) The major lacuna in ADR is that it is not binding. One could still appeal against the
award or delay the implementation of the award. “Justice delayed is justice denied.” The very
essence of ADR is lost if it is not implemented in the true spirit. The award should be made
binding on the parties and no appeal to the court should be allowed unless it is arrived at
fraudulently or if it against public policy.

With the advent of the alternate dispute resolution, there is new avenue for the people to
settle their disputes. The settlement of disputes in Lok Adalat quickly has acquired good
popularity among the public and this has really given rise to a new force to ADR and this will
no doubt reduce the pendency in law Courts. There is an urgent need for justice dispensation
through ADR mechanisms. The ADR movement needs to be carried forward with greater
speed. This will considerably reduce the load on the courts apart from providing instant
justice at the door-step, without substantial cost being involved. If they are successfully given
effect then it will really achieve the goal of rendering social justice to the parties to the
dispute.
 CHAPTER – 2
PART - A
METHODOLOGY

A legal survey was conducted from 5th December 2019- 10th December 2019 in Trivandrum
area to determine the efficiency and the barriers related to the education of the disabled
children.

PART - B
LOCATION DETAILS

PART - C
DETAILS OF THE STUDY
OBJECTIVE OF THE STUDY

CONCEPT OF QUESTIONNAIRE

A questionnaire is a research instrument consisting of a series of questions for the purpose of

gathering information from respondents. Questionnaires can be thought of as a kind of
written interview. They can be carried out face to face, by telephone, computer or post.
Questionnaires provide a relatively cheap, quick and efficient way of obtaining large amounts
of information from a large sample of people. Data can be collected relatively quickly
because the researcher would not need to be present when the questionnaires were completed.
This is useful for large populations when interviews would be impractical.

However, a problem with questionnaire is that respondents may lie due to social desirability.
Most people want to present a positive image of themselves and so may lie or bend the truth
to look good, e.g., pupils would exaggerate revision duration Questionnaires can be an
effective means of measuring the behaviour, attitudes, preferences, opinions and, intentions
of relatively large numbers of subjects more cheaply and quickly than other methods. An
important distinction is between open-ended and closed questions. Often a questionnaire uses
both open and closed questions to collect data. This is beneficial as it means both quantitative
and qualitative data can be obtained.

Closed Questions

Closed questions structure the answer by only allowing responses which fit into pre-decided
categories. Data that can be placed into a category is called nominal data. The category can
be restricted to as few as two options, i.e., dichotomous (e.g., 'yes' or 'no,' 'male' or 'female'),
or include quite complex lists of alternatives from which the respondent can choose (e.g.,
polytomous).

Closed questions can also provide ordinal data (which can be ranked). This often involves
using a continuous rating scale to measure the strength of attitudes or emotions. For example,
strongly agree / agree / neutral / disagree / strongly disagree / unable to answer. Closed
questions have been used to research type A personality (e.g., Friedman & Rosenman, 1974),
and also to assess life events which may cause stress (Holmes & Rahe, 1967),
and attachment (Fraley, Waller, & Brennan, 2000).

Strengths

They can be economical. This means they can provide large amounts of research data for
relatively low costs. Therefore, a large sample size can be obtained which should be
representative of the population, which a researcher can then generalize from. The respondent
provides information which can be easily converted into quantitative data (e.g., count the
number of 'yes' or 'no' answers), allowing statistical analysis of the responses. The questions
are standardized. All respondents are asked exactly the same questions in the same order.
This means a questionnaire can be replicated easily to check for reliability. Therefore, a
second researcher can use the questionnaire to check that the results are consistent.

Limitations

They lack detail. Because the responses are fixed, there is less scope for respondents to
supply answers which reflect their true feelings on a topic.

Open Questions

Open questions allow people to express what they think in their own words. Open-ended
questions enable the respondent to answer in as much detail as they like in their own words.
For example: “can you tell me how happy you feel right now?” If you want to gather more in-
depth answers from your respondents, then open questions will work better. These give no
pre-set answer options and instead allow the respondents to put down exactly what they like
in their own words.Open questions are often used for complex questions that cannot be
answered in a few simple categories but require more detail and discussion.

Lawrence Kohlberg presented his participants with moral dilemmas. One of the most famous
concerns a character called Heinz who is faced with the choice between watching his wife die
of cancer or stealing the only drug that could help her. Participants were asked whether Heinz
should steal the drug or not and, more importantly, for their reasons why upholding or
breaking the law is right.
Strengths

Rich qualitative data is obtained as open questions allow the respondent to elaborate on their
answer. This means the research can find out why a person holds a certain attitude.

Limitations

Time-consuming to collect the data. It takes longer for the respondent to complete open
questions. This is a problem as a smaller sample size may be obtained. Time-consuming to
analyze the data. It takes longer for the researcher to analyze qualitative data as they have to
read the answers and try to put them into categories by coding, which is often subjective and
difficult. However, Smith (1992) has devoted an entire book to the issues of thematic content
analysis the includes 14 different scoring systems for open-ended questions. Not suitable for
less educated respondents as open questions require superior writing skills and a better ability
to express one's feelings verbally.

Designing a Questionnaire

With some questionnaires suffering from a response rate as low as 5%, it is essential that a
questionnaire is well designed. There are a number of important factors in questionnaire
design.

Aims

Make sure that all questions asked address the aims of the research. However, use only one
feature of the construct you are investigating in per item.

Length

The longer the questionnaire, the less likely people will complete it. Questions should be
short, clear, and be to the point; any unnecessary questions/items should be omitted.

Pilot Study

Run a small scale practice study to ensure people understand the questions. People will also
be able to give detailed honest feedback on the questionnaire design.

Question Order
Questions should progress logically from the least sensitive to the most sensitive, from the
factual and behavioral to the cognitive, and from the more general to the more specific. The
researcher should ensure that the answer to a question is not influenced by previous
questions.

Terminology

There should be a minimum of technical jargon. Questions should be simple, to the point and
easy to understand. The language of a questionnaire should be appropriate to the vocabulary
of the group of people being studied. Use statements which are interpreted in the same way
by members of different subpopulations of the population of interest.

For example, the researcher must change the language of questions to match the social
background of respondents' age / educational level / social class / ethnicity etc.

Presentation

Make sure it looks professional, include clear and concise instructions. If sent through the
post make sure the envelope does not signify ‘junk mail.’

Ethical Issues

The researcher must ensure that the information provided by the respondent is kept
confidential, e.g., name, address, etc. This means questionnaires are good for researching
sensitive topics as respondents will be more honest when they cannot be identified. Keeping
the questionnaire confidential should also reduce the likelihood of any psychological harm,
such as embarrassment. Participants must provide informed consent prior to completing the
questionnaire, and must be aware that they have the right to withdraw their information at any
time during the survey/ study.

Advantages of the Questionnaire

1. Requires less skill.
2. Less training is needed.
3. Cheaper in nature.
4. Also impersonal in nature.
5. Pressure is less.
6. Anonymity.
Disadvantages of the Questionnaire
1. Returns are low if compared to the other methods used for the collection of the data.
2. Response is also less.
3. Less flexible in working.
4. Occurrence of errors.
5. Less reliable.
6. Sometimes answers obtained can be wrong.
7. Not efficient in the depth – problems.
 PART - D

ANALYSIS OF QUESTIONNAIRE FEEDBACK

The aims of this project were to develop a simple means of evaluating the driver-vehicle
factors in the pre-crash phase of collisions, to structure hypotheses of driver-vehicle
performance failures, and to suggest appropriate countermeasures to prevent accidents from
occurring, In order to obtain our objective it was first necessary to determine the
circumstances leading up to the accident (the precrash phase). These were the circumstances
we sought to change so the accident would never occur. Consequently, we did not look at the
history of accidents beyond the initial collision, thus excluding occupant injury, secondary
crashes, safety device effectiveness, and vehicle damage. Numerous studies are available of
these aspects, which are emphasized in current multidisciplinary accident investigation
(MDAI) team reports. A review of previous attempts to evaluate the pre-crash phase of
collisions was first conducted. Cautiousness is emphasized in investigating accident causation
and reconstruction. In The Causes and Prevention of Road Accidents (Cohen & Preston,
1968) the writers stated "it is generally pointless to consider the 'cause' of an accident or even
the 'causes,' because some of the important factors are still likely to be overlooked, but it is
possible and useful to consider how accidents can be prevented."
Figure 1 : Road traffic deaths in India 1970 though 2018 (Source: NCRB 2019 &
Transport Research Wing 2019)
The data in figure 1 shows the rapid upliftment of accidents in India starting from 1970 to
2018. According to official statistics 150,785 persons were killed and 494,6249 injured
in road traffic crashes in India in 2018. This is probably an underestimate, as not all
injuries are reported to the police. The actual numbers of injuries requiring hospital
visits may be 2,000,000 to 3,000,000 persons.

Figure 1 : Road traffic deaths in India 1970 though 2016 (Source: NCRB 2015 & Transport Research Wing 2017).
As in most countries, traffic police are the source of official government statistics related
with road traffic injuries in India. The main sources of traffic crash data at the national level
are the annual reports published by the National Crime Record Bureau, Ministry of Home
Affairs, and the annual publication of the Ministry of Road Transport & Highways (MoRTH)
titled Road Accidents in India. The basic information for both these reports comes from all
the police stations in the country based on the cases reported to them. A brief description of
the process through which statistics are compiled at the national level follows. When the
occurrence of a traffic crash is brought to the notice of a police station (by anyone
involved in the crash; anyone who knows about the crash; or a police officer who comes
to know about the crash) the information reported is recorded in a First Information
Report (FIR). The details recorded in the FIR are as observed by the person reporting the
crash. This sets in motion the process of ‘criminal justice’ and the police take up
investigation of the case. After an FIR has been filed the contents of the FIR cannot be
changed except by a ruling from the High Court or the Supreme Court of India. After the
investigation is complete a case file is prepared which records the details of the crash as
determined by the police department (which need not necessarily tally with those in the
FIR) and the ‘offending party’ (as determined by the investigation) is charged with
offences under provisions of the Indian Penal Code and the Motor Vehicles Act of India
1988 (Ministry of Road Transport and Highways 1988).

Now, the analysis of the questionnaire of pedestrians are as follows:

1. Of the question concerning the responsible factor for road accidents, of the 50
respondents, 30 believed it is poor enforcement of law, 15 believed it to be rash and
negligent driving and 5 believed it to be poor traffic engineering.

Data Respondents Percentage

Poor enforcement of law 30 60%
Rash and negligent driving 15 30%
Poor traffic engineering 5 10%
 Fig. 2- Reason for Road Accidents
Poor enforcement of law Rash and Negligent driving Poor traffic engineering

10%

30%

60%

Road accidents cost India 3-5% of gross domestic product every year, and are avoidable if
India could improve its roads and city planning, train its drivers better, and enforce traffic
laws properly, our analysis shows. India’s young, productive population, aged 18-45 years, is
involved in 70% of road accidents, according to data from Road Accidents in India 2018, a
report published by the Ministry of Road Transport and Highways (MORTH). Over a period
of 24 years from 2014 to 2038, if India could halve the deaths and injuries due to road traffic,
its GDP could increase by 7%, a 2018 World Bank report said. In 2018, India had 467,044
reported road accidents, an increase of 0.5% from 464,910 in 2017, according to MORTH
data. India has 1% of the world's vehicles but accounts for 6% of the world's road traffic
accidents, according to data from a 2018 World Health Organization (WHO) report. As many
as 73% of all deaths due to road traffic accidents in 2018 in the South and South-East Asia
region happened in India, the report said. The two most frequent causes of road deaths are
speeding and drink driving, followed by a lack of lane discipline (driving on the wrong side),
jumping the red light and the use of a mobile phone while driving, data show. Poor
enforcement of law is another factor that leads to accidents. Overspeeding is the most
common cause of deaths on roads in India, with 64% of road deaths because of speeding.
60% of the accidents in India occur on highways, mostly because of speeding. Major factors
for accidents in Kerala, Trivandrum is also two fold- overspeeding and rash and negligent
driving and another being poor enforcement of law. India’s traffic laws are stricter than those
of other countries but these laws are not enforced. In many other countries, such as the UK,
Australia, New Zealand, where they have better enforcement, the alcohol is limit is 0.08 mg/l,
higher than the 0.05 mg/l in India, said Nayyar of the WHO. “In many countries crashes due
to alcohol have been reduced due to enforcement of their laws and education.” India’s
enforcement of laws on speeding and drink driving are rated 3 and 4 out of 10, respectively,
compared to 8 and 9 in China and 9 (for both) in Sri Lanka, by the Global Road Safety
Report 2018, that analysed traffic laws of 175 countries. India has a paucity of traffic police--
30% of 85,144 traffic policemen positions and 39% of 58,509 sanctioned traffic constable
positions were vacant in 2018, according to data from the Bureau of Police Research and
Development. Imposing stricter penalties (in the form of higher fines or longer prison
sentences) will not affect road-user behaviour significantly. In general, the deterrent
effect of a law is determined in part by the swiftness and visibility of the penalty for
disobeying the law, but a key factor is the perceived likelihood of being detected and
sanctioned. The below figure is road safety practices among pedestrians and those
driving vehicles in Kerala 2018.
 2. Of the question concerning whether rash and negligent driving is a civil wrong or a
criminal wrong, gave us 29 respondents who said its a civil wrong and 21 said its a
criminal wrong. The most awakening thing was most of the people thought its just a
civil wrong and not a criminal wrong.

RESPONDENTS CRIMINAL CIVIL

LIABILITY LIABILITY

YOUTH 58% 42%

OTHERS (Aged 35 and above) 40% 60%

100%
90%
80%
70%
60% criminal wrong
50%
civil wrong
40%
30%
20%
10%
0%
Youths Others

FIGURE 3- HOW PEOPLE PERCEIVE RASH AND NEGLIGENT DRIVING

It was shocking to find out that most of the people find rash and negligent driving to be a
civil liability and most prominently among youths. There needs to be proper road safety
campaigns. Road-safety campaigns often aim to improve road-user behaviour by
increasing knowledge and by changing attitudes. There is no clearly proved relationship
between knowledge and attitudes. The effects of campaigns using tangible incentives
(rewards) to promote safety-belt usage have been evaluated by means of a meta-
analytical approach. The results (weighted mean effect) show a mean short-term increase
in use rates of 12.0 percentage points; the mean long-term effect was 9.6 percentage
points. Driver or pedestrian education programmes by themselves usually are sufficient
to reduce crash rates. More effective way to get most motorists to use safety belts and
motorcyclists to wear helmets is with good laws requiring their use and enforcement.

3. The next major question was whether more stringent laws should be there. 99% of
the people agreed to it as shown in the below figure-

Pedestrians

There is need for more

strong laws
Prevalent laws are enough

Though the government has directed attention to awareness programs, it needs to collaborate
state transport departments and traffic police, which are the local licensing and enforcement
authorities, into conducting testing and training programs if some measure of success is to be
found in reducing the number of road casualties. Important aspects of road safety, e.g.
knowledge of traffic rules, regulations and road signs, punishment to drivers violating traffic
rules and speed limits, driving under the influence of liquor or drugs (or using mobile phones
while driving) and the elementary mechanism of vehicle and driver fitness and upgrading the
quality and instructions need to be built into the program imparted by motor driving schools.
From this study it is concluded that with the better trainings of the learner drivers and testing
techniques for issuing the licence will reduce number of accidents. Awareness program on
road safety from the student level will also assist in reducing the accidents at all levels.

4. The next question regarding the age group that is more prone to rash and negligent
driving, a lot of people have on the contrary to the pre conceived notion that youth
causes more accidents, people think its middle aged people who causes more
accidents.

More prone to rash driving Percentage

Youths 35
Middle aged 50
Old men 10

People who are more prone to rash driving

Youths
Middle aged
Old men

A rash of tragic, highly publicized accidents caused by older drivers (35 and older) has raised
fears about the risk such drivers pose to others. And, as their numbers increase, the issue will
become more urgent: By 2025, drivers 35 and older will represent 35 percent of the driving
population, compared with 15 percent in 2018. Educating them are more important for the
recent scenario as pedestrians think its middle aged who are least educated about rash driving
and more prone to negligent driving.

5. Regarding the question regarding the drivers, Now the question that prioritise in this
case is about the average speed limit of your vehicle inside the city.

KNOWLEDGE OF DRIVERS IN TRIVANDRUM AREA REGARDING THE

SPEED LIMIT OF THE CITY

20 to 40 km

40 to 60 kms

60 to 80 km

more than 80 kms

6. The next question of whether the drivers are aware of various road symbols, young
drivers were maximum aware of the same, but a lot of middle aged drivers are also
involved in the unawareness of same and regarding whether drivers are aware of
whether negligent driving is civil liability or criminal.
 NOT AWARE YOUNG DRIVERS

DRIVERS (35 YEARS AND

ABOVE)
AWARE

0% 20% 40% 60% 80% 100%

DRIVERS' VIEWS OF
NEGLIGENT DRIVING
CIVIL LIABILITY CRIMINAL LIABILITY

38%

62%

This study clearly shows that a number of drivers are also unaware of the fact the
negligence is a criminal wrong. Youngsters in the Vanchiyoor study appeared to adhere
better to speed limits as compared to the adult population in this study. As the study shows
inadequate knowledge and poor road safety practices among a good number of the
participants, it would be prudent to have periodic community based awareness campaigns
on road safety measures. As evidenced by the reports of the RTA survivors, poor road
infrastructure is a major concern that needs to be addressed on a priority. A customized
road safety campaign supported by stringent legal measures may be the way forward.
All the above data shows the city in a rather unflattering light, the 2018 National Crime
Records Bureau (NCRB) report reveals that Trivandrum’s figures among the country's top
five cities with the maximum number of rash driving and road rage cases. And last year,
the City Police had registered 6,661 rash driving and road rage cases, according to the
NCRB.

CONCLUSION AND SUGGESTIONS

In 2015, India was among the signatories of the Brasilia Declaration, and committed to
reducing road fatalities and accidents by 50% by 2020. As of 2018, however, India is still far
behind on meeting this target. The country still sees a whopping 1,00,000+ annual deaths on
roads, and the number of injuries is about 2 to 3 times higher. India's Motor Vehicles Act
lagging far behind the needs of a fast-motorizing society is painfully evident from its road
safety record. In a country witnessing 10% annual growth in vehicles, and boasting a network
of 3.3 million km of roads, the Bill for creation of a statutory National Road Safety and
Traffic Management Board must be speeded up. Such an agency is vital to set standards for
road design, inspect existing roads, and investigate accidents scientifically. It should take a
“zero tolerance” policy toward the most common transgressions—dangerous and reckless
driving; disregard for traffic rules; jumping red lights; driving under the influence of liquor;
failing to use seatbelts; and driving without a helmet—to bring about a visible change. But
strict implementation of traffic rules and stringent punishments alone will not solve the
persisting crisis. Change in the mind set of riders and drivers and road users realizing their
responsibilities alone will bring about a change. Most countries have a multidisciplinary
approach to traffic planning and road design. It is done by psychologists, engineers, doctors,
sociologists, vehicle experts, etc., In India, road traffic is still a civil engineering issue.
Lessons can be learnt from the eminent guidelines and good practices for good behavior on
the roads practiced in developed countries where safety, orderliness, and discipline are
ingrained in the citizens, come what may. Mere celebration of the annual Road Safety Week
during the first week of January does not serve any purpose. Drivers should learn to show
consideration and respect to co-vehicle drivers and pedestrians so that our roads become
safer. But it looks a long way to go.

It has been experienced all over the world that the countries which are undergoing increasing
and rapid motorization face proportionately higher number of road accidents. At the earliest
stages of road safety development, little or no safety awareness may exist and efforts will first
need to be made to enhance the awareness of key decision-makers to the scale and nature of
the problem and the actions that are necessary to alleviate the situation. The situation in India
is somewhat better than a country, which may be at the earliest stage of safety development
but still far less satisfactory than those countries, which have proven records of road safety
improvements.

Lack of awareness of the law is a key reason why road users continue to be apathetic to the
needs of road accident victims. Even in India’s largest cities, all of which fall under the list of
top 10 cities for most road-related accidents, according to data issued by the Ministry of Road
Transport and Highways in 2016. The chief reasons for so many road related accidents and
fatalities occurring on Indian roads are born out of human error, the Ministry reports. Chief
among these, are over speeding, drunken driving, distracted driving, jumping the red
light and avoidance of wearing a seat belt or helmet. Despite several ad campaigns and
awareness programmes being run by the government and civic society bodies, these issues
persist. A whopping 84% of young people say they haven’t heard of the initiatives being
taken by the government and civic society to ensure better road safety. Given this, and other
reasons, road users continue to indulge in behaviours that risk their safety on the road. Even
among young people, there is a section that has admitted to jumping red lights on roads (1513
respondents said so), many of whom (20%) have indulged in this behaviour as recently as the
previous month. One reason could be the lack of enforcement of the law which fines people
who jump the red light, as 14% of the respondents said they weren’t aware of the fine to be
paid for jumping red lights. Across India’s major cities, awareness of the fine for jumping red
lights hasn’t reached every last person using the road, a key area that requires immediate
attention.

Usage of seat belts and helmets have relatively higher numbers among young respondents, as
indicated by the chart below; however, there’s a pressing need to convert this number to cent
percent in the near future. 2.8% of the respondents, in fact, admitted to very rarely using
helmets and seat belts on the road. Despite awareness campaigns and strengthening of laws,
the move to curb drunken driving on the road hasn’t eliminated the harmful habit. Throwing
light on a frightening trend, 2.4% of the respondents on the survey admitted to drunken
driving once a month, and 1.39% admitted to indulging in the habit once a week. Pedestrian
safety, too, has become a critical concern for authorities to curb road related accidents and
fatalities in Indian cities. As the chart below indicates, just a little over half of the respondents
on the survey actually wait for the right traffic signal before crossing the road. It is thus
concluded that it is the fault on the part of the pedestrians also in causing road accidents.

It has been experienced all over the world that the countries which are undergoing
increasing and rapid motorization face proportionately higher number of road accidents. At
the earliest stages of road safety development, little or no safety awareness may exist and
efforts will first need to be made to enhance the awareness of key decision-makers to the
scale and nature of the problem and the actions that are necessary to alleviate the situation.
The situation in India is somewhat better than a country, which may be at the earliest stage
of safety development but still far less satisfactory than those countries, which have proven
records of road safety improvements. Awareness about various road safety rules and road
signs, first aid methods and techniques that enhance practices related to the prevention, the
preparedness and the immediate response to health emergencies should be provided not
only in relation to road safety, but also in the household, workplace, and recreational areas.
This increases the social responsibility of the society and strengthens humanitarian values.
As the study shows inadequate knowledge and poor road safety practices among a good
number of the participants, it would be prudent to have periodic community based
awareness campaigns on road safety measures. As evidenced by the reports of the RTA
survivors, poor road infrastructure is a major concern that needs to be addressed on a
priority. A customized road safety campaign supported by stringent legal measures may be
the way forward.

RECOMMENDATIONS AND SUGGESTIONS

Though the government has directed attention to awareness programs, it needs to collaborate
state transport departments and traffic police, which are the local licensing and enforcement
authorities, into conducting testing and training programs if some measure of success is to be
found in reducing the number of road casualties. Important aspects of road safety, e.g.
knowledge of traffic rules, regulations and road signs, punishment to drivers violating traffic
rules and speed limits, driving under the influence of liquor or drugs (or using mobile phones
while driving) and the elementary mechanism of vehicle and driver fitness and upgrading the
quality and instructions need to be built into the program imparted by motor driving schools.

 Improvement in driver training field necessitates new concepts and training

procedures, including a high and uniform level of training for driving instructors. It is
urgently needed to establish Driver Training and Testing Group which will monitor
the licensing process and upgrade this system time to time.

 A secured NATIONAL DATA BANK should be developed. Make better use of the
available data, increase the comprehensiveness of road crash data and improve the
technical capacity to analyse data, identify issues, and implement evidence based
solutions to better understand the factors that result in road crashes and the impact
they cause to plan appropriate prevention strategies.

 Penalty, traffic law enforcement per se needs to be made more visible, as the
perception of a likelihood of being caught is a much stronger deterrent than the
 severity of penalty. Increasing the penalty for traffic law offences was also
recommended.

 Make road safety a political priority, and highlights recommendations with regard to
policy, legislation and enforcement, and development of institutional capacity to
improve road safety.

 Ensure that legislations to improve road safety reflect the interests of road users who
are most vulnerable to RTI.

QUESTIONNAIRE

FOR CITIZENS/PEDESTRIANS

1. NAME-

2. GENDER-

3. AGE
 18-20 ____
 21-30 ____
 30- above ____

4. INCOME-
 Below 1 lakhs___
 1 lakhs to 6 lakhs___
 6 lakhs and above____

5. Marital Status
 Married _
 Unmarried_
6. Maximum educational level at present?
 Primary schooling___
 Graduation___
 Professional___
 None___

7. Residence location
In Trivandrum__
Outside Trivandrum___

8. What do you consider, more responsible for road accidents?

 Poor enforcement of law
 Poor traffic engineering
 Rash and negligent driving
 Lack of awareness of drivers

9. Are police enforcing traffic rules and punishing drivers with rash and negligent
driving effectively?
 Yes__
 No_
 Not aware__

10. Are you satisfied with police action for traffic?

 Yes
 No

11. Do you think more stringent laws should be there?

 Yes__
 No__
 May be__

12. Which age group do you think is more prone to rash and negligent driving?
  Youth__
 Middle age__
 Old age__
 Unaware__

13. How much is the mechanical fault of the vehicle responsible for road accidents?
(a) Responsible in most cases
(b) Responsible in few cases
(c) Not at all Responsible

14. Is rash and negligent driving incurs a civil liability or a criminal liability?
Civil__
Criminal__

15. Do you think rash and negligent driving is admissible if done on urgent situations?
 Yes, its fine if done for urgency
 No it is not
FOR DRIVERS ON ROAD IN TRIVANDRUM

1. NAME-
2. GENDER-
3. AGE
 18-20 ____
 21-30 ____
 30- above ____

4. INCOME-
 Below 1 lakhs___
 1 lakhs to 6 lakhs___
 6 lakhs and above____

5. Marital Status
 Married _
 Unmarried_

6. Maximum educational level at present?

 Primary schooling___
 Graduation___
  Professional___
 None___

7. In which year did you procure licence?

8. How long have you been driving?

9. Are you aware of rash and negligent driving?

 Yes__
 No__

10. What is the average speed limit of your vehicle inside the city?
 20 to 40 km per hour.
 40km to 60km per hour
 60 km to 80 km per hour
 More than 80km per hour

11. Have your vehicle committed with any accident?

Yes__
No__

12. Are you aware of various road symbols?

Yes__
No__
A little__

13. Is rash and negligent driving incurs a civil liability or a criminal liability?
Civil__
Criminal__

14. Have you been imposed penalty by traffic police?

 1 to 2 times __
  2 to 5 times __
 more than 5 times ___
 Not at all__

15. Have you ever drove your vehicle beyond the speed limit?
Yes__
No__

16. Do you think it is alright to cross the speed limit and go for rash and negligent driving
at times?
Yes__
No__

17. Which age group in the drivers do you think are more associated with road
negligence?
Youth__
Middle aged__
Old __

18. Are you aware of the provisions related to Road negligence?

Yes__
No__