Experts call for neuro-justice framework in motor accident cases

India's alarming road accident statistics often grab headlines, but a deeper, more insidious crisis lurks beneath the surface: the silent struggle of survivors left with lifelong neurological disabilities. While the reported 1.77 lakh road accident deaths in 2024 are tragic, they overshadow the far larger number of individuals enduring severe head, spinal cord, and nerve injuries, leading to permanent impairments. This critical gap in recognition and support has prompted experts to advocate for a 'neuro-justice framework' – a comprehensive approach designed to ensure adequate compensation, rehabilitation, and social support for these often-overlooked victims.

The call for neuro-justice stems from the inadequacy of the existing legal and social infrastructure to address the complex and long-term needs of individuals with acquired neurological disabilities. Currently, compensation mechanisms under the Motor Vehicles Act, 1988 (MVA), even with its 2019 amendment, primarily focus on immediate medical costs, loss of income, and fatalities. They often fall short in accurately assessing and providing for the lifelong care, rehabilitation, assistive devices, home modifications, and psychological support required by those with severe neurological damage. The economic and social burden on families is immense, frequently pushing them into poverty as they grapple with exorbitant medical expenses and loss of a primary caregiver or earner.

Key stakeholders in this advocacy include medical professionals (neurologists, rehabilitation specialists), legal experts, civil society organizations, and, most importantly, the accident survivors and their families. Medical experts highlight the specialized and prolonged nature of neurological rehabilitation, which is often unavailable or unaffordable. Legal practitioners point out the difficulties in quantifying non-economic damages, such as pain, suffering, and loss of quality of life, especially in cases of profound cognitive or physical impairment. The government, through the Ministry of Road Transport & Highways, Ministry of Health & Family Welfare, and Ministry of Social Justice & Empowerment, is a crucial stakeholder in policy formulation, resource allocation, and ensuring equitable access to justice and care. Insurance companies, responsible for compensation payouts, also play a significant role, and their assessment methodologies would need to evolve under a neuro-justice framework.

For India, the implementation of a neuro-justice framework holds profound significance. Socially, it addresses a critical human rights issue, ensuring that individuals who suffer life-altering injuries due to no fault of their own receive the dignity and support they deserve. Economically, it can mitigate the hidden costs associated with disability – loss of productivity, increased healthcare expenditure, and the impoverishment of families. Public health infrastructure would need to strengthen, with a focus on specialized trauma care and rehabilitation centers, moving beyond just acute care. Politically, it reflects a commitment to social justice and the welfare of vulnerable populations, aligning with the Directive Principles of State Policy.

Historically, road safety legislation in India has evolved, with the Motor Vehicles Act, 1939, being replaced by the MVA, 1988, and further amended in 2019. While the 2019 amendment introduced stricter penalties for traffic violations and enhanced compensation for hit-and-run victims, the comprehensive assessment of long-term neurological disabilities remains a challenge. The focus has largely been on accident prevention and immediate post-accident response, with less emphasis on the protracted journey of recovery and adaptation for survivors with severe injuries. This historical trajectory underscores the need for a paradigm shift towards a more holistic, victim-centric approach.

Several constitutional provisions underpin the call for neuro-justice. Article 21, the 'Right to Life and Personal Liberty,' has been interpreted by the Supreme Court to include the right to live with dignity, the right to health, and the right to livelihood. For accident victims with neurological disabilities, these rights are severely compromised without adequate support. Article 14 (Equality before Law) demands that all individuals, regardless of their physical condition, receive equal protection and access to justice. Furthermore, the Directive Principles of State Policy, particularly Article 38 (State to secure a social order for the promotion of welfare of the people) and Article 39A (Equal justice and free legal aid), provide the moral and constitutional impetus for the state to ensure a just system of compensation and rehabilitation. The Rights of Persons with Disabilities Act, 2016 (RPwD Act), which recognizes various disabilities and mandates provisions for their inclusion and rehabilitation, is also highly relevant, as many accident survivors would fall under its purview.

The future implications of a neuro-justice framework are transformative. It could lead to more nuanced legal assessments of neurological damage, potentially involving multi-disciplinary medical boards. There would be an impetus for developing specialized neuro-rehabilitation facilities across the country, improving data collection on disability outcomes, and fostering greater collaboration between medical and legal fraternities. While challenges related to funding, infrastructure, and training personnel would arise, the framework promises a more humane, equitable, and efficient system for supporting those whose lives are irrevocably altered by road accidents, moving India closer to its aspirations of being a truly inclusive and socially just society.