Road rules

Why Kerala won’t follow rule penalising cab drivers ferrying drunk passengers

Joint Transport Commissioner says the Motor Vehicles Act has to be changed for this to happen.

Kerala will not penalise taxi drivers carrying drunk passengers, a senior official of the Motor Vehicles Department has clarified.

He was responding to reports that the Motor Vehicles Driving Regulation, 2017 barred drivers from ferrying inebriated passengers, and listed punishments for them if they did. The regulation, issued by the Union Ministry of Road Transport and Highways as a gazette notification, came into effect on June 23, 2017.

Rajeev Puthalath, Kerala’s Joint Transport Commissioner, said major changes in law cannot be carried out through a gazette notification. “Such changes should be made in the Motor Vehicles Act of 1998,” he told Scroll.in.

The notification stated that “the driver shall strictly comply with the laws for the time being in force relating to prohibition on consumption of alcohol and drugs and smoking, and also ensure compliance thereto by the other crew, riders, and passengers, if any.”

Puthalath’s assurance will come as a relief to tipplers and party-goers who hire cabs for the return journey, and to taxi drivers as well. The notification had Kerala’s cab drivers worried as they feared it would harm their business.

Puthalath pointed out that the notification mandates drivers to comply with the existing rules, as laid down in the Motor Vehicles Act. “Section 185 in Chapter 13 of the Motor Vehicle Act deals with driving under the influence of alcohol and drugs,” he said. “It mentions the penalty for drivers who violate the law, not for passengers. If passengers have to be charged, changes have to be made in this Act.”

Section 185 states that a driver can be charged if a breath analyser test detects alcohol content above 30 mg per 100 ml in their blood, or if the influence of a drug makes them incapable of controlling the vehicle. It also lays down the punishment:

“Those who commit the offence for the first time will be imprisoned for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both. For the second or subsequent offences, if committed within three years of the commission of the previous similar offence, there will be an imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.”  

Puthalath said the Motor Vehicles Department has informed the state’s regional transport officers about the new notification. “Stringent action will be taken against drunk driving,” he said. “But we will not charge passengers who are found to be drunk.”

KL Franklin, Joint Regional Transport Officer in Ernakulam, said he was worried when he read news reports about the notification a few days ago. “I was concerned about the practical difficulties of checking passengers who hired the vehicle,” he said, adding that he was relieved by Motor Vehicles Department’s clarification.

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“My body instantly craves chai and samosa”

German expats talk about adapting to India, and the surprising similarities between the two cultures.

The cultural similarities between Germany and India are well known, especially with regards to the language. Linguists believe that Sanskrit and German share the same Indo-Germanic heritage of languages. A quick comparison indeed holds up theory - ratha in Sanskrit (chariot) is rad in German, aksha (axle) in Sanskrit is achse in German and so on. Germans have long held a fascination for Indology and Sanskrit. While Max Müller is still admired for his translation of ancient Indian scriptures, other German intellectuals such as Goethe, Herder and Schlegel were deeply influenced by Kalidasa. His poetry is said to have informed Goethe’s plays, and inspired Schlegel to eventually introduce formal Indology in Germany. Beyond the arts and academia, Indian influences even found their way into German fast food! Indians would recognise the famous German curry powder as a modification of the Indian masala mix. It’s most popular application is the currywurst - fried sausage covered in curried ketchup.

It is no wonder then that German travellers in India find a quite a lot in common between the two cultures, even today. Some, especially those who’ve settled here, even confess to Indian culture growing on them with time. Isabelle, like most travellers, first came to India to explore the country’s rich heritage. She returned the following year as an exchange student, and a couple of years later found herself working for an Indian consultancy firm. When asked what prompted her to stay on, Isabelle said, “I love the market dynamics here, working here is so much fun. Anywhere else would seem boring compared to India.” Having cofounded a company, she eventually realised her entrepreneurial dream here and now resides in Goa with her husband.

Isabelle says there are several aspects of life in India that remind her of home. “How we interact with our everyday life is similar in both Germany and India. Separate house slippers to wear at home, the celebration of food and festivals, the importance of friendship…” She feels Germany and India share the same spirit especially in terms of festivities. “We love food and we love celebrating food. There is an entire countdown to Christmas. Every day there is some dinner or get-together,” much like how Indians excitedly countdown to Navratri or Diwali. Franziska, who was born in India to German parents, adds that both the countries exhibit the same kind of passion for their favourite sport. “In India, they support cricket like anything while in Germany it would be football.”

Having lived in India for almost a decade, Isabelle has also noticed some broad similarities in the way children are brought up in the two countries. “We have a saying in South Germany ‘Schaffe Schaffe Hausle baue’ that loosely translates to ‘work, work, work and build a house’. I found that parents here have a similar outlook…to teach their children to work hard. They feel that they’ve fulfilled their duty only once the children have moved out or gotten married. Also, my mother never let me leave the house without a big breakfast. It’s the same here.” The importance given to the care of the family is one similarity that came up again and again in conversations with all German expats.

While most people wouldn’t draw parallels between German and Indian discipline (or lack thereof), Germans married to Indians have found a way to bridge the gap. Take for example, Ilka, who thinks that the famed differences of discipline between the two cultures actually works to her marital advantage. She sees the difference as Germans being highly planning-oriented; while Indians are more flexible in their approach. Ilka and her husband balance each other out in several ways. She says, like most Germans, she too tends to get stressed when her plans don’t work out, but her husband calms her down.

Consequently, Ilka feels India is “so full of life. The social life here is more happening; people smile at you, bond over food and are much more relaxed.” Isabelle, too, can attest to Indians’ friendliness. When asked about an Indian characteristic that makes her feel most at home, she quickly answers “humour.” “Whether it’s a taxi driver or someone I’m meeting professionally, I’ve learnt that it’s easy to lighten the mood here by just cracking a few jokes. Indians love to laugh,” she adds.

Indeed, these Germans-who-never-left as just diehard Indophiles are more Indian than you’d guess at first, having even developed some classic Indian skills with time. Ilka assures us that her husband can’t bargain as well as she does, and that she can even drape a saree on her own.

Isabelle, meanwhile, feels some amount of Indianness has seeped into her because “whenever its raining, my body instantly craves chai and samosa”.

Like the long-settled German expats in India, the German airline, Lufthansa, too has incorporated some quintessential aspects of Indian culture in its service. Recognising the centuries-old cultural affinity between the two countries, Lufthansa now provides a rich experience of Indian hospitality to all flyers on board its flights to and from India. You can expect a greeting of Namaste by an all-Indian crew, Indian food, and popular Indian in-flight entertainment options. And as the video shows, India’s culture and hospitality have been internalized by Lufthansa to the extent that they are More Indian Than You Think. To experience Lufthansa’s hospitality on your next trip abroad, click here.

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This article was produced by the Scroll marketing team on behalf of Lufthansa as part of their More Indian Than You Think initiative and not by the Scroll editorial team.