Is Justice Reduced to a 300-Word Essay Today? Examining the Microscopic Response to the Porsche Accident in Pune.

Is justice in India today nothing more than a slap on the wrist and a few hundred pages of writing?  

In a society where the scales of justice appear unfairly skewed towards favouring the rich and powerful, the recent tragic case of the Porsche accident in Pune has yet again unmasked the inadequacies and inequalities that our legal system works with.  On May 19, 2024, the unfortunate incident occurred near the Kalyani Nagar Junction, in Pune, Maharashtra, at around 2:15 a.m. The 17 year-old boy behind the wheel, just 4 months shy of turning 18, was Vedant Agarwal- the son of a very influential builder, Vishal Agarwal of Brahma Realty and Infrastructure. The teenager, along with two other friends of his was returning from a pub after celebrating clearing class 12 examinations, and was driving a Porsche Taycan at a reckless speed of over 200 km/hr while under the severe influence of alcohol. Consequently, he lost control of his vehicle, out of drunkenness, and rammed into a motorcycle on which a young man and woman were travelling back home. 

The Porsche Taycan Turbo which was owned by Vishal Agarwal, and entrusted with his son, Vedant Agarwal.  

 [Image Source: Times Of India]

To begin with, why was a vehicle- that too a sports car- given to an underage child for him to use as a treat after the end of his examinations? There are copious other ways a child could blow off steam after a tedious, protracted duration of the 12th grade boards. Nearly 1.5 crore students in India appear for these exams every year, yet none of them act as irresponsibly and venturesome as the accused. This sheds light on the parents’ negligence in entrusting a high-powered sports car to an underage child, especially in a celebratory context, and symbolises the grave lack of responsibility and foresight, setting a dangerous example that conclusively led to tragic consequences.  

Now, one might expect that the repercussions of a grave incident such as this would align with the severity of the crime- imprisonment for years and a substantial fine. However, the accused here was met with a shockingly lenient punishment by the Juvenile Justice Board (JJB): tasked with penning a mere 300-word essay on ‘road accidents and their solutions’, mandated to assist the Pune traffic police for a measly 15 days, directed to seek rehabilitation at a de-addiction centre, and being barred from driving any sort of vehicle until he reaches the age of 25. After being detained, Vedant was let out within nearly 15 hours, because his alcohol test came out to be negative, despite the fact that he was seen consuming alcohol with his friends. The disparity between the heinous nature of the crime  and the triviality of the consequences imposed is nothing short of absurd and raises serious questions about the efficacy and fairness of the justice system in addressing such egregious offences. Moreover, this critical incident impacts the ongoing elections in India as well! It gives the public a reason to question the attentiveness of future leaders in a situation like that. Rahul Gandhi, the leader of the Indian Political Party, Congress, opposing BJP’s Narendra Modi also shared his opinion on hearing about the accident. He stated that “if Uber drivers, truck drivers, autos, buses accidentally kill someone, they’re punished with 10 years of imprisonment. But if a 16-17 year-old son of a rich family drives a Porsche and kills two people, he is asked to write an essay,”. He then casted a question to Narendra Modi, the Indian politician who has been serving as our 14th Prime Minister since May 2014, that “Why don’t you ask truck or bus drivers to write an essay?”. He said this via a video shared by him on X (formerly Twitter). 

Rahul Gandhi's Response

He claims that, “Narendra Modi is creating two Indias - where justice is also dependent on wealth.”

I mean, seriously? The two individuals whose lives were claimed as a result of the CCL (Child in Conflict with Law) were recognised as a couple hailing from Madhya Pradesh who were both IT Professionals (both aged 24). In addition to the comical punishment given to the boy, he was apparently served pizza’s, burger’s and biryani, at the Yerwada police station while an MLA, from the Ajit Pawar-led NPC was trying to pressurise the police to mitigate charges. Not only was the CCL shielded from the whole weight of his actions, but was also afforded with luxuries and privileges that seemed to mock the gravity of the situation. Meanwhile, the families of Ashwini Koshta and Aneesh Awadhiya, the victims of this tragic incident, were left to mourn as their bodies were repatriated to Jabalpur, Madhya Pradesh. 

Victims of the accident. Ashwini Koshta (left) and Aneesh Awadhiya (right). 

The public, upon learning of these disturbing revelations of ongoing injustice erupted in a chorus of outrage and disbelief. Social media platforms buzzed with condemnation, with citizens expressing their rage and frustration at this blatant display of privilege and the apparent disregard for the lives lost as a result of this senseless tragedy. They mentioned, that defying less impactful, certain laws of the Indian Penal Code (IPC), including underage drinking is one action, while killing someone as an effect of it, is a crime of its own. Throughout this event of circumstances, the accused was found guilty under several sections, involving the following: 

• 279: Negligent and rash driving. Punishment being imprisonment and/or ₹1,000 penalty.
• 304A: Death by negligence. Punishment being imprisonment for maximum 7 years or fine not less than ₹75000 or both. 
• 337: Endangering human life. Punishment being imprisonment for maximum 6 years or fine of ₹500 or both. 
• 338: Causing grievous hurt. Punishment being imprisonment for maximum 2 years or fine of ₹1000 or both. 
• 4: Driving under the age of 18 in public. Punishment being fines, or imprisonment for a few months up to 3 years. 

These are not all, the Indian Penal Code does not contain a section for underage drinking, which otherwise would have been a felony in addition. 

Now, the cumulative effect of the numerous misdemeanours that the 17 year-old boy has committed should be tremendous, don’t you think? However, under our fraudulent Indian justice system, an individual that holds power, influence, money, and respect, will always be let go of with just a slap on the wrists- that is, unless a change is brought on. This case sends a dangerous message that if you have money and connections, you can literally get away with murder. The bail granted to the accused and the punishment handed down by the Juvenile Justice Board are a travesty of justice. They fail to provide any solace or closure to the families of the victims yet, who have lost their loved ones due to the callous actions of a reckless and irresponsible individual.

This should be an awakening and wake up call for the urgent need for stricter laws and enforcements when it comes to road safety and violations, especially amidst minors. The Motor Vehicles Act should be amended to include harsher penalties for offences such as drunk driving and reckless speeding, particularly when they result in loss of lives. Correspondingly, the Juvenile Justice Act needs to be looked upon as well, to ensure that minors who commit heinous crimes are held responsible for their actions, regardless of their age, gender, caste, socio-economic status, or background. 

Is he guilty or not? There is a high chance the alcohol test could be tempered with, considering the treatment provided to him was no less than a prince’s. I guess we see what happens next. 

On a final note, the whole way that this tragic matter was dealt with seemed like a slap on the face of the victims’ family and a betrayal of the trust that the society places within our judicial system. It is high time that we demand stricter laws, harsher penalties, and more efficient enforcements to prevent such tragedies from occurring in the future. 

Only then can we truly honour the memory of victims and ensure that their deaths were not in vain. 

 

Isn’t Lady Justice blindfolded? It is for a reason- Justice should be blind and unbiased to wealth and status, ensuring equality for all. As emphasised by Rahul Gandhi’s words, "The question is of justice. Both the rich and the poor should receive justice. Justice should be the same for everyone. That's why we are fighting. We are fighting against injustice."