Make bartenders responsible for drunken driving accidents: report

“Since the establishment profits from the patron,it is the responsibility of the establishment to ensure the safety of the patron and of innocent people on the road,” the 23-point report filed by advocate and amicus curaie Anup Bhamabhani states.

The court,alarmed by the increase in cases of drunken driving in the city,had specifically designated the amicus curaie to prepare the report.

Justice J R Midha forwarded the report to the Delhi government,asking it to “study” and file a response by May 1,the next date of hearing,as to whether these recommendations can be incorporated in the statute books.

“Bartenders/managers can suggest that the patron leave his or her car keys with the manager,who will ensure that the patron is allowed to drive back only if he or she is sober. The manager may offer to call a cab,” the report,which termed drunken driving as a “social problem with no simple solutions”,suggests.

The amicus compared cases in North America,where the manager or server of an establishment would be held “personally liable” for damage caused by a drunk driver.

“Laws/rules may be enacted prohibiting the driver,passenger or both from possessing an open container of alcohol in the passenger compartment of a vehicle,” the amicus recommended to the court today.

Other stringent provisions considered by the report include automatic license revocation,vehicle impoundment and even immobilisation with devices like ignition interlock,which analyses a driver’s breath and disables the ignition if the driver has been drinking.

The amicus also proposed that certain sections of the Indian Penal Code,including Section 304 (culpable homicide not amounting to murder) be amended to include drunken driving.