Template of tragedy

In the early hours of May 19, 2024, a Porsche Taycan driven by a 17-year-old male collided with a motorbike in the Kalyani Nagar area of Pune. The motorbike was carrying Anis Awadhiya and Ashwini Costa, both 24-year-old IT professionals from Madhya Pradesh. The collision occurred around 3:15 AM, and the impact was devastating. Costa died instantly at the scene, while Awadhiya was rushed to a nearby hospital but succumbed to his injuries shortly thereafter. Anis Awadhiya and Ashwini Costa were both promising young professionals working in Pune’s burgeoning IT sector. Originally from Madhya Pradesh, they had moved to Pune to advance their careers. Their untimely deaths have left their families and the larger community in mourning. Costa was known for her dedication to her work and had planned to surprise her father on his birthday, which she tragically could not fulfil.

The night began with the accused teenager and his friends visiting two bars. They first attended Cosie Bar, where they consumed alcohol from around 9:30 PM to midnight, and then moved to Black Bar, continuing their drinking until about 1:00 AM. The teenager, who was under the influence of alcohol, decided to drive his father’s Porsche despite not having a valid driving license.

Following the crash, the teenager was detained by the police. However, within 14 hours, he was granted bail by the Juvenile Justice Board. The conditions of his bail included writing a 300-word essay on the effects of road accidents and their solutions, participating in a 15-day programme with the traffic police, and seeking rehabilitation at a de-addiction centre. The Juvenile Justice Board's initial decision to grant bail was based on the assessment that the crime was not "serious" enough to deny bail.

The leniency of the bail conditions sparked outrage among the public and political figures alike. Many criticised the decision, arguing that it did not reflect the severity of the crime. Pune’s Commissioner of Police, Amitesh Kumar, publicly stated that the police would seek to have the teenager tried as an adult due to the gravity of the offence.

In addition to the teenager, several other individuals were arrested in connection with the incident. Vishal Agarwal, the father of the teenage driver, was arrested for allowing his underage son to drive and consume alcohol. Following the accident, Agarwal attempted to evade arrest by travelling across multiple cities and using different vehicles to mislead the authorities. He was eventually tracked down and arrested in Sambhajinagar. A few hotel executives were also arrested for serving alcohol to the minor. They were charged under sections of the Juvenile Justice Act for providing alcohol to a minor.

In the latest development, the grandfather of the accused teen, along with Vishal Agarwal, has been booked under Indian Penal Code (IPC) sections 365 and 368, which pertain to kidnapping and wrongfully concealing or keeping a person in confinement, respectively. The allegation is that the father-son duo pressurised the family's driver to take blame for the accident by offering him money and giving threats. Police Commissioner Amitesh Kumar confirmed that “the driver was frightened. He was summoned and his statement was recorded on Thursday. After corroboration of facts, an offence was registered against the juvenile’s father and grandfather.” It is also confirmed by the police that the recovered DVR (digital video recorder) of CCTV footage from the house of the accused was tampered with. As things stand presently, the family of the driver has been assured of police protection. In case the charges against the accused are proved to be correct, the first question that would come up is: should an individual and his family pay such price for innocence? The allegations against the teen’s grandfather and father are reflective of the typical subjugation of legal proceedings in the country under the weight of power and wealth. It appears to be a textbook example of manipulation of law by the influence of wealth, or at least an attempt to do so. Regrettably, such a notorious exemplification exists in one of the progressive democracies of 21st-century world!

Understandably, the public and political reaction to the incident and the subsequent bail decision was one of widespread condemnation. Deputy Chief Minister Devendra Fadnavis expressed shock and promised to review the legal proceedings. Furthermore, social media platforms were abuzz with criticism, and several protests were organised demanding stricter punishment for the teenager and accountability for those who allowed him to drink and drive. The case has duly sparked a broader discussion on the enforcement of laws related to underage drinking and driving.

The legal battle surrounding the case is ongoing. The police have appealed to a higher court to have the teenager tried as an adult, citing the heinous nature of the crime. The Juvenile Justice Act defines certain crimes as heinous, and the police argue that this case meets that criteria due to the deaths involved and the circumstances of the incident.

The Pune hit-and-run incident uncovers significant gaps in the juvenile justice system. The immediate granting of bail to the 17-year-old driver despite the severity of the crime exposed the inadequacy of current laws to handle such cases. The Juvenile Justice Board's decision to release the minor on bail with lenient conditions rightly came under heavy criticism. This incident underscores the need for a review of how juvenile offenders are treated, especially in cases involving serious offences like reckless driving resulting in fatalities.

The swift bail granted to the teenage driver also highlights the influence of wealth and power in the legal system. The fact that the minor is the son of a wealthy real estate developer appears to have played a role in the leniency of the bail conditions. This has sparked public outrage and accusations of preferential treatment for the rich and powerful. Such incidents reinforce the perception that those with financial resources and social standing can manipulate the system to their advantage.

The incident also brings into focus the accountability of parents and establishments that serve alcohol to minors. Vishal Agarwal, the father of the teenage driver, has been arrested for allowing his son to drive and consume alcohol, demonstrating that guardians have a crucial role in preventing such incidents. Additionally, the arrests of hotel executives for serving alcohol to a minor highlight the need for stricter enforcement of laws governing the sale of alcohol to underage individuals. This aspect of the case emphasises that responsibility extends beyond the immediate offender to those who enable such behaviour.

The incident tends to erode public trust in the legal system, particularly regarding its ability to administer justice impartially. For society to function effectively, there must be a belief that justice is applied equally to all, regardless of social or economic status. This case has highlighted the need for reforms to ensure that the legal system is fair and unbiased.

On the positive side, the media and public opinion have played significant roles in bringing attention to this case. Widespread coverage and public outrage pressured authorities to reconsider the bail decision and take stricter actions. This incident demonstrates the power of collective voice and media in holding authorities accountable and advocating for justice. It also shows how media scrutiny can act as a check on the legal system, encouraging transparency and accountability.

The tragedy calls for stricter laws and better enforcement mechanisms to prevent similar incidents in the future. There is a need for more rigorous checks on underage drinking and driving, and harsher penalties for those who enable such behaviour. The incident has prompted calls for legislative changes to ensure that juveniles who commit serious crimes are held accountable in a manner that reflects the gravity of their actions.

Beyond legal implications, the incident also raises questions about ethical and moral responsibilities. Society must reflect on the values it upholds and the behaviours it condones. Parents, guardians, and community members, all have roles to play in building a culture of responsibility and respect for the law. Ensuring that young individuals understand the consequences of their actions and the importance of adhering to legal and ethical standards is crucial for preventing such tragedies.

Furthermore, the role of establishments in serving alcohol to minors has rightly come under scrutiny. The arrests of the hotel executives serve as a warning to other businesses about the importance of adhering to the law. The case has prompted calls for more rigorous checks and enforcement to ensure that minors are not able to access alcohol. The incident also highlights the influence of wealth in judicial proceedings, the gaps in juvenile justice, and the broader societal responsibility to enforce and adhere to ethical standards. As the legal battles continue, there is an urgent need for reforms to ensure justice is served and similar incidents are prevented in the future. This case serves as a call to action for stronger laws, better enforcement, and a collective commitment to upholding justice and equality.

Views expressed are personal