2 weeks, 2 Keralam teen drivers, 2 luxury cars, 4 deaths: How parents can be held liable when minors take the wheel

KOCHI: In two weeks, two reckless teen drivers pushed four families into grief.The two cases put not only the accused but also their parents in the dock, legally and morally.Legal experts said parents, who allow their children to drive, can’t claim ignorance of a minor taking a vehicle to evade legal repercussions.Under Motor Vehicles Act, the burden is on the parents to prove what precautions they took to prevent it, they said.Retired HC judge B Kemal Pasha said the father of the teenager who rammed a luxury sedan and killed a 55-year-old scooter rider cannot defend himself by claiming that his son had taken the vehicle without his knowledge.The fact that the teen clocked over 100km/hr indicates that he had probably driven before, which can strengthen the father’s culpability, said Pasha.“If he is driving above 100, then it is not his first time. He must have practised and I don’t think this was an isolated incident and he (dad) cannot say that he was unaware,” said Pasha, adding that it is surprising that the father is a judge, who is aware of the law.Since the father is the registered owner, it was his responsibility to keep the car keys safe.Even if he says that his son took the vehicle without his knowledge, it would mean he created the circumstances for him to do so.MV Act clearly places the burden on the vehicle owner or guardian to prove that the offence was committed without his knowledge or that he had exercised due diligence to prevent it.That means he needs to prove that it was done without his knowledge. It is not easy, said Pasha.He said the action taken in the case should send a strong message to parents about allowing minors to drive.The accident at Nedumbassery also had an element of parental involvement. After the accident, the accused teen reportedly told people that his father would take care of the case.Senior consultant psychiatrist at Medical Trust Hospital Dr CJ John said boys have a fascination for vehicles.“They instinctively want to drive if there is a vehicle at home. There is a section of parents who succumb to their demands or even boast about it before others instead of firmly telling their children that it is illegal. By doing so, parents plant the seeds of indiscipline and lawlessness at a young age,” he said.John added that when such parenting combines with teenagers’ risk-taking and rebellious behaviour, children may feel that such conduct has been sanctioned. He said the issue also reflects the lack of proper law enforcement.You Can Also Check: Gold Rate in Kochi | Silver Rate in Kochi | Bank Holidays in Kochi | Public Holidays in KochiStay updated with the latest Kochi news. Download the TOI App.