When Cyrus Mistry, chairman of the Tata Group died in a car crash on September 4, 2022, the Union Government was quick to make seat belts mandatory for all, including rear-seat passengers. The 54-year-old billionaire businessman, sitting in the rear seat, was not wearing a seatbelt at the time of the fatal accident. Similarly, the death of a two-year-old in a car crash in Malappuram on September 28 is set to be a late but much-needed wakeup call for the Transport Department of Kerala.
The toddler – Ifa – was sitting on her mother’s lap in the front seat of a car when the fatal accident happened. She reportedly died of suffocation after the airbag deployed under the impact of the car’s collision with a tipper lorry at Padapparamba in Kerala’s Malappuram. While the parents were saved with minor injuries, the child succumbed.
Six years ago, on September 25, Tejaswini Bala, the two-year-old daughter of the late musician Balabhaskar died in an infamous car crash in Thiruvananthapuram. While the child died on the spot, Balabhaskar succumbed to his injuries a week later. Like most toddlers in Kerala, both Tejaswini and Ifa were sitting on the laps of their parents in the front seat when the accidents happened– a violation of the Motor Vehicles (Amendment) Act 2019. Due to lack of enforcement, front-seat riding of children and failure to use the Child Restraint System (CRS) are a common practice in the state, unfortunately at the cost of precious lives.
Ifa’s death has once again triggered discussions on social media about unsafe driving practices involving child passengers. Many have cited the strict enforcement of CRS as an important measure to save young lives.
Following the toddler’s death, the Motor Vehicle Department (MVD) has decided to carry out a series of actions to avert such accidents in the future. Transport Commissioner Nagaraju Chakilam said that the rules will be implemented in a phased-out manner starting with an awareness campaign through social media.
“Starting from October, a one-month awareness campaign will be conducted through the social media handles of the MVD. This will be followed by a month-long phase of warning, where motorists will be stopped and warned against front seat riding of toddlers. A strict enforcement of the rule along with a penalty for violation will start in December,” he said.
The Transport Commissioner added that the drivers of cars will be made responsible for any accident endangering a child. He said that the use of CRS will be strictly enforced after sensitising motorists for two months.
As per section 194 B (1) of the MV Act, “whoever drives a motor vehicle, while carrying children below fourteen years of age or one hundred thirty-five centimetres in height, without providing and ensuring proper safety harness or safety seat belt, shall be punishable with fine. Use of CRS is also mandatory under section 125 A of the Central Motor Vehicles (Amendment) Rules 2020. As per this “children below four years must be secured in a child restraint system, and those between four to ten years of below one hundred thirty-five centimetres in height must use a booster cushion or safety harness.”
Dr Shaheem S, head of the Transportation Planning Division of the National Transportation Planning and Research Centre, said that lack of enforcement is the major hurdle in ensuring the safety of child passengers. He elaborated that even after ensuring helmets for pillion riders, there was no enforcement to ensure that children do not sit in front seats.
As per the rule, a child below 12 years cannot sit in the front seat of a car unless she/he is at least 135 cm tall and is wearing a seat belt. The penalties for non-compliance are a fine of Rs 1000, imprisonment for up to three months or suspension of licence for up to three months.
CHILD SAFETY IN CARS:
1. Children below 4 years : mandatory child restraint system to be in place. This also has to be done in the rear seat of the car. Infants have a different child restraint system. Age-appropriate CRS to be used.
2. Children above 4 years and up to 14 years AND below 135 cm height (4 feet, 5 inches height) to be seated on a Child Booster Cushion with a safety belt buckled. This is to be done in the rear seat only.
3. Whether to use a child restraint system (child seat) or child booster cushion seat depends upon the fitting size and height of the child vis-a-vis the seat belt anchorage points. Age of the child is just a thumb rule. Driver must be prudent in ensuring the use of appropriate safety mechanisms.
CHILD SAFETY ON TWO-WHEELERS:
4. For two-wheelers, a child helmet is mandatory for kids over 4 years of age.
5. A safety belt harness belt tying the child to the rider, (preferably parent) is not mandatory but recommended. Many children tend to fall asleep while riding with their parents.