[Answered] Do you think policy of punishment and penalties can be effective in changing wrong behaviour of an individual? Discuss in context of recent rise in penalties on traffic violations.

Demand of the question
Introduction. Contextual Introduction.
Body. Argument against and in favour of harsher punishment and penalties.
Conclusion. Way forward.

India is looking for a viable policy to prevent traffic violations and reduce road accidents. Recently, penalties and punishment was increased to make roads safer. All legal systems focus on punishment to offenders. As long as the guilty have been identified, and there is equivalence, at least at a proportional level, between the damage the offender has caused to the victim and the punishment, it is believed justice has been delivered.

Argument against harsher punishment and penalties for traffic violations:

  1. In this framework, punishment is seen as an end in itself. Very few punishment systems seek to change the offender’s behaviour and help him to a new path.
  2. Studies show that 60% of those who are set free after serving a prison sentence will be rearrested within three years. Studies in Canada show that more than 30% of those who drive under the influence of alcohol are repeat offenders. There is no reason to believe that this trend of repeat offence will be any better in India.
  3. Most repeat crimes today are a game-like scenario where the offender tries several innovative ways to avoid the long arm of the law. Every time he successfully manages to dodge the law, there is a dopamine release that leads to jubilation. This dopamine high leads to an urge to repeat.
  4. The few times you get caught, it is seen as being not smart enough. People who are caught and punished are not quietly learning to change their offending behaviour, but they quickly learn how not to get caught the next time.
  5. Imposing penalties may only bring out a short term effect to the problem. People will forget about it in the long run.
  6. Traffic signals at road intersections are routinely faulty and take days before they are repaired.
  7. The road conditions in many places leave much to be desired, especially in the rainy season or post-monsoon.
  8. Traffic being heavy on major roads, genuine mistakes are commonplace around traffic intersections.

Argument in favour of harsher punishment and penalties for traffic violations:

  1. Harsher penalties can protect the safety of road users as well as pedestrians.
  2. It sends a clear message to the public that people must follow rules and laws on roads.
  3. Since many people are afraid of being put to jail for such a long period of time and some car lovers cannot live without their driving license, they don’t want to commit such a criminal offence.
  4. People believe that tougher penalties can take dangerous drivers off the road.
  5. A surprisingly large number of vehicles, including two-wheelers,three-wheelers, and four-wheelers, in cities are without complete documentation as demanded by law. If the police were to check them strictly, there would be chaos in town.

All offenders, need not be put in the same category and imposed a similar penalty. A first time offender needs leniency. For the second and third time offence, punishments must be steep in gradations. In the case of a habitual offender, the steepest punishments should be imposed, like permanently canceling his/her driving licence apart from other punishments. The quantum of punishments should also differ from place to place.  In metro cities with huge traffic, the laws must be stringent. In smaller cities and towns,  the same offences should invite lesser or reduced fine. In other words,  cities and towns should be graded in terms of volumes of traffic and penalty amounts reduced, accordingly.

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