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Editorials | Article | Middle | Oped Road safety

EDITORIALS

Onerous task
All-party group has a historic opportunity
THE all-party delegation which goes to Jammu and Kashmir today has a complex and ticklish job on hand. After all, it has to gauge the mood, grievances and aspirations of the Kashmiri people in a little more than a day. But this is also a great opportunity, considering that it can help the government formulate a holistic policy, unlike the piecemeal one which has been in evidence over the past few years.

Sharing profits
Mining Bill needs further improvement
The new Mining Draft Bill is an improvement over the previous one, which had provided for a share in company equity to the landowners displaced by mining projects. Now the companies are required to pay the affected local people a 26 per cent share in their profits. Funds will go to the District Mineral Foundation for the use or benefit of the locals.



EARLIER STORIES

Searching for honour in murder
September 19, 2010
Politics of inaction
September 18, 2010
Fresh move on Kashmir
September 17, 2010
Revisit MPLADS
September 16, 2010
Quota conundrum
September 15, 2010
Sycophancy in Congress
September 14, 2010
Doctors at IITs
September 13,2010
Addressing adverse sex ratio
September 12,2010
Caste census
September 11,2010
US paranoia
September 10,2010
Selection of CVC
September 9, 2010


Saving the tiger
India scores, but more effort needed
T
he Indian initiative to save the tiger has come in for some words of praise from a respected scientific periodical, the PloS Biology Journal. The report entitled "Bringing the Tiger Back from the Brink: the Six Percent Solution" has also made a strong plea to refocus the way in which efforts are being made to preserve the big cat in its natural habitats.
ARTICLE

Revisiting AFSPA
Don’t blame it for Kashmir problems
by Gen (retd) V P Malik
K
ashmir is burning. Political leaders from the state, civil and human rightists, even the media will have you believe that the Armed Forces (Special Powers) Act 1958 (AFSPA) is responsible for this situation and should be revoked or diluted to help resolve the crisis. The Centre, after looking at the situation in a holistic manner and listening to the armed forces’ advice, finds it difficult to decide.



MIDDLE

A smiling crow
by Justice A S Narang
D
O crows smile? I had seen them sad, impatient and fearful, but smiling, never. Perhaps, God had not endowed them with the ability to smile; I held the view, till a recent encounter with one made me change my view.

OPED Road safety

Laws need enforcement
A vehicular crash takes place every three minutes and a death every six minutes in India. On our roads, nearly 300 people die daily because of accidents, and more than 5,000 people are seriously injured
Each year about 13 lakh people die on the world's roads and between 20 and 50 million sustain non-fatal injuries. Road traffic injuries are the leading cause of death among young people, aged between 15 and 44, says World Health Organisation's latest Global status report on road safety.

Cult of arrogance and defiance
J R Kundal
N
early all of us have had to negotiate our way on roads, especially crossings, during the times when the traffic lights are non-functional, and the "impoverished", often pot-bellied, traffic constable, out of sheer fatigue or boredom disappears somewhere. And, you shudder at the nightmarish chaos caused by the reckless motorists, the helmet less triple-riding bikers, the bunch of hoodlums driving open jeeps, overloaded auto rickshaws, the semi-clad bidi-smoking urchins driving the goods carriers causing much pollution.

10 Commandments of Good Motoring
H. Kishie Singh
I
f you don't follow the following commandants, they will become the 10 "deadly sins". There is a pun on the word "deadly". Commit these "sins" once too often and you could end up dead!

 


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EDITORIALS

Onerous task
All-party group has a historic opportunity

THE all-party delegation which goes to Jammu and Kashmir today has a complex and ticklish job on hand. After all, it has to gauge the mood, grievances and aspirations of the Kashmiri people in a little more than a day. But this is also a great opportunity, considering that it can help the government formulate a holistic policy, unlike the piecemeal one which has been in evidence over the past few years. The viewpoint of various parties of Kashmir is already well known. What is more important is to get the feedback from the common people: local editors, representatives of industry chambers, academics, students and the hotel industry. If the separatists also come on board, all the better. It is good that it has been consciously decided not to have any leader from Kashmir in the delegation. That means that the group can judge the real situation without any prejudice or preconceived notion.

However, much will depend on how far the perennial trouble makers go in making or marring the trip. All those who sincerely want a solution to the never-ending orgy of violence, curfews and disruption of public life should come forward to present the true picture before the delegation. Any impediments in its way will only prove that the so-called public protest is actually orchestrated by a few enemies of the nation who take their orders from across the border.

Any talk, any negotiation can only be with the reasonable section. All their genuine demands can be addressed within the framework of the Constitution. If terrorist activities diminish, even the much-maligned Armed Forces Special Powers Act becomes irrelevant. After all, it is there only to tackle those who are waging a virtual war against India. Those who only foment trouble need to be isolated and dealt with adequately. The delegation will hopefully rise above party lines and help formulate a policy which is fair as well as firm. It should also take into account the viewpoint of Muslim Gujjars of the state and Ladakhis.
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Sharing profits
Mining Bill needs further improvement

The new Mining Draft Bill is an improvement over the previous one, which had provided for a share in company equity to the landowners displaced by mining projects. Now the companies are required to pay the affected local people a 26 per cent share in their profits. Funds will go to the District Mineral Foundation for the use or benefit of the locals. The compensation terms have been revised on the intervention of Congress president Sonia Gandhi but still fall short of the much-advocated Haryana land acquisition model, which also carries offers of jobs and annuity for the displaced.

The new mining Bill's emphasis on profit sharing is flawed because companies are known to fudge their revenue figures to avoid taxes. Mining firms too may resort to this well-known tactic to pay less to the locals, who will have no guardian or regulator to look after their interests. They cannot count on Congress leader Rahul Gandhi's rhetorical declaration of being their soldier in Delhi. The simple folks do not understand corporate and political games and have to be provided compensation in a transparent, foolproof manner without the Shylocks entrenched in the system getting their pound of flesh. It is better if the relief for the tribal people is linked with the sales of a company as is done in the case of payment of royalty to the government.

It is widely known that mining companies in India and China are raking in huge profits as metal prices the world over have climbed up due to a spurt in demand. Even the royalty that Indian mining firms pay is too small compared to the level of their profits. Though there are some good corporate citizens who run schools and hospitals in the areas of their operations, most are driven by unbridled greed. They must share with the tribal people a reasonable part of the profits they make at their cost.
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Saving the tiger
India scores, but more effort needed

The Indian initiative to save the tiger has come in for some words of praise from a respected scientific periodical, the PloS Biology Journal. The report entitled "Bringing the Tiger Back from the Brink: the Six Percent Solution" has also made a strong plea to refocus the way in which efforts are being made to preserve the big cat in its natural habitats. India has more tigers and better conservation efforts than other Asian nations, according to the study undertaken by the Wildlife Conservation Society. It has underlined the need to change the way in which conservation efforts are directed, stressing the need for providing proper protection and also monitoring the areas that such tigers live in.

Worldwide, the tiger population has fallen from an estimated 5,000 in 1998, to 3,200 now. At this rate of depletion, it will take just a decade for the tigers to vanish from the wild. They have already been whittled down in the tiger reserve of Sariska in Rajasthan, though the one in Ranthambore holds promise, and in fact has problems of overpopulation of tigers, due to which they move away from their habitats, and thus from protection. The habitats are, in any case, shrinking due to human encroachment, even in areas which are reserved for wildlife.

People who live near wildlife reserves depend on the natural habitats for their livelihood and are often in conflict with conservation officers. They need to be rehabilitated by the government. However, the greatest threat is poaching, since tiger body parts are much in demand, especially in neighbouring countries. Strong and vigorous efforts to protect the tigers alone can save them. It is good that Indian efforts are being recognised, but by the same token, since India has the largest potential to save the tiger from extinction, it has the biggest responsibility. Funds need to be allocated and proper resources made available to protect one of the most majestic predators of Indian jungles. The cost of saving them is nothing as compared to the cost that mankind will have to pay if we lose this species.

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Thought for the Day

Every man has a right to utter what he thinks truth, and every other man has a right to knock him down for it. Martyrdom is the test. — Samuel Johnson


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ARTICLE

Revisiting AFSPA
Don’t blame it for Kashmir problems
by Gen (retd) V P Malik

Kashmir is burning. Political leaders from the state, civil and human rightists, even the media will have you believe that the Armed Forces (Special Powers) Act 1958 (AFSPA) is responsible for this situation and should be revoked or diluted to help resolve the crisis. The Centre, after looking at the situation in a holistic manner and listening to the armed forces’ advice, finds it difficult to decide.

What is the AFSPA? Why is this Act necessary? But first, let me narrate a real situation that took place 20 years ago. In early 1990 I was commanding a division that had troops deployed for counter-insurgency operations in Manipur, Nagaland and a part of Arunachal Pradesh. During the run-up to the Manipur Assembly elections, a political party leader, in order to garner students’ support and votes, made the removal of the AFSPA a major electoral issue. When he won the elections and became the Chief Minister, I went to call on him. I asked him what he planned to do about the AFSPA. He said that in view of the “popular demand”, he would write to the Home Ministry and have it removed from the state. I told the Chief Minister that it was OK with me. I will pull out troops from the 60-odd posts, concentrate them outside Manipur and train them for their primary role of fighting a conventional war.

“But you cannot do that! What will happen to the law and order situation?” he said. I appreciated his concern and told him politely but firmly that I couldn’t help him to maintain that without a proper legal cover. I said: “I cannot have my subordinates hold me responsible for giving them any unlawful command.” Then, very respectfully I stated, “Sir, the best way out is to create conditions in the state wherein the AFSPA is not necessary. If you and the Centre do not consider and declare Manipur state to be a ‘disturbed area’, the AFSPA cannot be applied. Please do not blame the AFSPA for the problems of Manipur. The fact is that despite several elections in the state, we have not been able to create conditions when this Act need not be applied in Manipur. The armed forces cannot create those conditions. These are primarily of political, ethnic and socio-economic nature, under your charge now.”

The AFSPA was enacted by Parliament in 1958 for the “disturbed areas” of the North-East. Later, it was extended to “disturbed areas” declared anywhere in India. It has four essential paragraphs. Para 3 states that if the Governor of a state/Union Territory or the Central Government is of the opinion that the whole or any part of the state/Union Territory is in such a disturbed or dangerous condition that the use of the armed forces in aid of the civil power is necessary, the government by an official gazette notification may declare the whole or affected part to be a “disturbed area”. Para 4 states that “a commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces in a disturbed area may:

  • Fire upon/use force, even causing death, against any person contravening law and order or carrying weapons, ammunition or explosives, if in his opinion it is necessary for maintenance of law and order and after giving due warning.
  • Destroy an armed dump or fortified position or a shelter from which armed attacks can be made or can be used for training by hostiles, if necessary to do so.
  • Arrest without warrant any person who has committed a cognizable offence and may use suitable force, if necessary to do so.
  • Enter any premises without a warrant to arrest a terrorist/suspect, or to recover a wrongfully confined person, stolen property, or arms/explosives wrongfully kept.

Para 5 of the Act lays down that the arrested persons will be handed over to the nearest police station “with the least possible delay”. Para 6 states that “no prosecution, suit or other legal proceeding shall be instituted except with the previous sanction of the Central Government, against any person in respect of anything done under this Act”.

The need for the AFSPA for counter-insurgency and counter-terrorist operations is unquestionable. The 1958 Act may have been described as a ‘special power’. But those of us who have commanded troops in such situations have always looked upon it as a legal protection to conduct effective operations.

Terrorists’ activities in J & K have been curtailed substantially but their attempts to infiltrate from POK and cause mayhem in the Valley and elsewhere continue. It is the public order which has become fragile in the last four months due to street protests, stone throwing by mobs and casualties due to firing by the police. In that, there has been no involvement of the Army except on one occasion when troops going in a convoy had to return fire in self-defence. The Army is not deployed operationally in Srinagar. It operates there only when called upon to assist the police in a counter-terrorist action.

The J&K crisis is primarily political in nature caused due to political confrontation, separatists’ increased influence and lack of engagement with sections of the populace and of governance. The problem is not the AFSPA but the excessive and prolonged deployment of security forces, particularly in the urban areas. Their number and visibility goes up further during the Amarnath Yatra period. The policemen and Army personnel wear similar combat uniforms and badges of rank (despite repeated protests by Army HQ) and are clubbed as security forces. Since the real thorn in the flesh of the terrorists and separatists is the Army, they deflect public anger to it and the AFSPA.

A dilution of the AFSPA, which will require Parliament’s approval, is bound to affect operational effectiveness. Revoking it in districts like Srinagar and Gandarbal will have the following security implications:

  • These areas are likely to become a safe haven for terrorists. After carrying out activities in areas outside, the terrorists may escape to find shelter in such areas.
  • Many Army units are located in Srinagar. There is a frequent movement of troops and convoys within and outside the city. Convoys to Kargil and Leh have to pass through Gandarbal. In the event of any terrorist act, troops will not be able to conduct a seamless operation.

Due to its prolonged promulgation in the North-East and J&K, people often ask as to what has been achieved with the AFSPA. We must understand that the AFSPA is not and cannot be a solution to our internal security caused by ethnic, social and governance problems. It is only a political instrument to enable the armed forces to bring the level of insurgency or terrorism under sufficient control. When such a situation is achieved, it is for the political authority to negotiate a conflict resolution as has been done in the North-East and Punjab. In J&K it has enabled us to create conditions wherein we could hold free and fair elections and allow the state to be run by its elected representatives. And what if such military operations had not been possible or successful?

Defending the need for the AFSPA does not mean that anyone should condone human rights violations anywhere. If any such acts are committed, it would be in the interest of the armed forces to take strict disciplinary action against the offenders as prescribed by the civil and military laws. The military law is prompt and strict in meting out punishment to the guilty.

The writer is a former Chief of Army Staff
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MIDDLE

A smiling crow
by Justice A S Narang

DO crows smile? I had seen them sad, impatient and fearful, but smiling, never. Perhaps, God had not endowed them with the ability to smile; I held the view, till a recent encounter with one made me change my view.

Sometime back, I was transferred out of Chandigarh to a city in Haryana. I needed a new mobile connection. A tech-savvy subordinate proved helpful. By lunch, he had two young guys, representing the service provider, summoned to my office. Well-dressed, with their I-cards tucked on their shirt-pockets, they suggested the plan best suited to my needs. Paper formalities over, I was handed over the SIM.

However, from the very next day, I started getting messages on my mobile from one of them. Innocuous as they were, I took no notice of them, except having a look at them occasionally, in my leisure moments. However, there was one SMS, which was repeated two or three times. It read:

"Many birds die in summer without water. Save them. Please put water pots for thirsty birds at the balcony/window of your home. Forward this message to as many people as you can."

Indifferent as I was, I ignored it till I had an encounter with a blackbird, some days later, which made me change my outlook. With the summer sun increasing its intensity of heat with every passing day, I got up one morning early. Irritated and sleepless, I came out of my bedroom and started having a stroll in my lawn. Soon sleep overpowered me and I fell asleep on the lawn chair, till the morning sun woke me up, by its piercing intense hot rays.

I opened my eyes and saw a crow perched on the water tap of my lawn, making a vain effort to extract a drop of water, out of the dry tap. Then finding me on my chair, it gave me a hard look and muttered something. What I could guess it saying, "Don't you have the courtesy to offer some water?". I really felt embarrassed. I felt I was really at fault and thought of making amends.

Early next morning, I filled two earthen pots with water; placed them on the boundary wall of my home and started waiting for the birds to come. However, there came none. Somewhat sad, I started getting ready for the office.

However, while on my way to office, when I was just some steps from the main gate, I saw a crow drinking water out of the pot. Lest I may disturb it, I stopped at a distance. I saw the crow taking water to its heart's content. It then turned around, with its face, towards my side and finding me there, gave me a broad smile. I had seen it smiling.
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OPED Road safety

Laws need enforcement

A vehicular crash takes place every three minutes and a death every six minutes in India. On our roads, nearly 300 people die daily because of accidents, and more than 5,000 people are seriously injured


Only a few countries have sufficiently comprehensive road safety laws relating to key risk factors

Each year about 13 lakh people die on the world's roads and between 20 and 50 million sustain non-fatal injuries. Road traffic injuries are the leading cause of death among young people, aged between 15 and 44, says World Health Organisation's latest Global status report on road safety.

The first broad assessment of the road safety situation in 178 countries shows that road traffic injuries remain an important public health problem, particularly for low-income and middle-income countries, and that significantly more action is needed to make the world's roads safer.

Only a few countries have road safety laws relating to key risk factors that are sufficiently comprehensive in scope. Enacting and enforcing legislation on a number of risk factors for road traffic injuries and deaths is critical in influencing exposure to the risk of a crash, crash occurrence, and injury severity. Comprehensive and clear legislation has been shown to be an important factor in reducing road traffic deaths associated with speed, drink-driving and the non-use of protection measures (helmets, seat-belts and child restraints).

The results show that only 15 per cent of countries have laws that can be considered to be "comprehensive" in scope relating to the five risk factors investigated in this survey. The following are excerpts from the report, and how India fares in key areas:

Driving Speed

Decreasing speed is an important way of reducing road traffic injuries, particularly among vulnerable road users (pedestrians, cyclists and motorcyclists). Urban speed limits should not exceed 50 km/h, while local authorities should be able to reduce these where necessary — for example around schools or in residential areas.

This survey found that less than one-third of participating countries (29 per cent) have speed limits of 50km/h or below on urban roads and allow local authorities to reduce this speed limit where necessary.

Drunken-driving

Drinking and driving increases both the risk of a crash and the likelihood that death or a serious injury will result. The risk of involvement in a crash increases significantly above blood alcohol concentration (BAC) levels of 0.04 gram per decilitre (g/dl). A blood alcohol concentration limit of less than or equal to 0.05 g/dl is recommended for the general population.

This survey found that less than half of countries worldwide have drink-driving laws based on a blood alcohol concentration limit that is equal to or less than 0.05 grams per decilitre.

India gets 3/10 in this category.

Helmets save lives

Motorcyclists who wear a motorcycle helmet can reduce their risk of death by almost 40 per cent and the risk of severe head injury by over 70 per cent. Motorcycle helmets should meet a recognised safety standard and must be correctly fastened in order to be most effective.

This survey showed that only 40 per cent of countries have a motorcycle helmet law that covers both riders and passengers at all times, and mandate that helmets should meet a specific national or international standard.

India gets 2/10 in this category.

Seat belts

Wearing a seat belt reduces the risk of death among front-seat passengers by 40-65 per cent and can reduce deaths among rear-seat car occupants by 25-75 per cent.

This survey found that only 57 per cent of countries require seat belts to be used in cars by both front-seat and rear-seat passengers (38 per cent of low-income countries, 54 per cent of middle-income countries and 83 per cent of high-income countries).

India gets 2/10 in this category.

Child restraints

The use of child restraints (which include infant seats, child seats and booster seats) can reduce deaths of infants by as much as 70 per cent and deaths of small children by between 54 per cent and 80 per cent in the event of a crash. This survey found that less than half of all countries have a law requiring the use of child restraints for young children in vehicles. While 90 per cent of high-income countries have a law requiring young children in cars to be restrained with appropriate child restraints, only 20 per cent of low-income countries have similar requirements.

There is no law that mandates using child restraints in India.

Source: WHO
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Cult of arrogance and defiance
J R Kundal


Deaths by road user category. Source: WHO

Nearly all of us have had to negotiate our way on roads, especially crossings, during the times when the traffic lights are non-functional, and the "impoverished", often pot-bellied, traffic constable, out of sheer fatigue or boredom disappears somewhere. And, you shudder at the nightmarish chaos caused by the reckless motorists, the helmet less triple-riding bikers, the bunch of hoodlums driving open jeeps, overloaded auto rickshaws, the semi-clad bidi-smoking urchins driving the goods carriers causing much pollution.

Nearly all of them drive with one hand, the other keeps the mobile phone glued to the ear. All hell seems to break loose. The civilised townsmen suddenly seem to have thrown to the winds all caution, patience, discipline, decency and civility.

Such situations remind us of Diwali celebrations when the bunch of fire crackers that are intermeshed with each other and, on being lit, fly off in every possible direction most unpredictably, often resulting in mishaps involving loss of vision, limbs and property. The nonsense on the roads, often exhibited through fits of road rage, continues to take its toll. While everyone seems to be in a tearing hurry, as if impelled by some demon, one might ask what on earth are the people busy with and the paramount reasons for all the hurry-scurry that puts everyone's life in peril.

A recent newspaper report published from the City Beautiful highlighted disconcerting facts that over a five-year period, about 800 lives were lost in 601 road accidents across Chandigarh alone. A good number of reasons are stated to be responsible for the heavy toll in the mishaps, the chief being the utter callousness, the devil-may-care attitude and the sardonic obsession with speed for the sheer kick of zooming past every other vehicle on the road.

After all, there are n-number of nouveau riche billionaires, basking mostly in the glory of unaccounted wealth, who purchase number one for their swankiest BMW, Mercedes, Audi and other SUVs by outbidding all others and spending as much as Rs 25 lakh for the tag. Naturally, then why should any authority or law have the temerity to check the adolescents, teenagers and the stinking rich affluent idlers from going berserk once they are behind the wheels?

Traffic management experts and the engineers responsible for laying roads that can cater to the needs of diverse users tell us about the key components involved in providing safe roads. The equation is stated to be 3 Es—engineering, education, and enforcement. Even a casual observer knows it just too well that our systems have thoroughly messed up everything and have missed the woods for the trees.

Any sensitive and perceptive observer is ruefully struck by the malaise of our times: the hysterical passion for speed. There can be no compromise with the safety and security of the people once they choose to come on the roads. While the three Es need to be reinforced to adequately address the challenges of the drastically changed scenario of the roads brought on by the burgeoning middle and upper strata of the society. The society as a whole has to build up an impregnable bulwark of strong consciousness of civilised conduct from one and all irrespective of the socio-political status. This would, of course, require to be backed by relentless enforcement of the law of the land to eliminate any nonsense for sanity, safety and security to reign supreme on the roads.
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10 Commandments of Good Motoring
H. Kishie Singh

If you don't follow the following commandants, they will become the 10 "deadly sins". There is a pun on the word "deadly". Commit these "sins" once too often and you could end up dead!

Thou shall not jump a red light:

The driver who has a green light may be traveling at speed and may not be able to brake in time to avoid you and your suicidal move. Collision! Deadly!

Thou shall not accelerate while being overtaken:

Road etiquette demands that you take your foot off the accelerator for a second or two, break your speed, let the other driver overtake. Otherwise, you'll be having a race and put both cars in danger. Can be deadly.

Thou shall not overtake from the right and do a left turn:

This could possibly lead to a collision because the driver going straight could be traveling faster than you. Also a suicidal move. Deadly.

Thou shall not horn uselessly:

Indian drivers blow the horn at the slightest excuse. It serves very little purpose other than to cause noise pollution. If you want to attract attention, flash your headlights.

Thou shall not drive on the wrong side of a road:

It could mean a head on collision. Avoid. Also deadly.

Thou shall not take short cuts:

A short cut could be a quick trip to the grave!

Thou shall not drive on worn-out tyres:

Worn-out tyres give no traction on the road-no braking, no cornering and no straight-line stability. Deadly.

Thou shall observe speed limits:

Speed limits have been set with road conditions in mind. Observe them!

Thou shall park properly:

Indian drivers don't park, they just simply abandon their cars! Do not inconvenience others; park sensibly and properly.

Thou shall respect on others on the road:

Everyone on the roads has the same rights as you. Actually, when you are driving, you have greater responsibility for the safety of pedestrians, cyclists, children, and even dogs.

Following these 10 simple commandments will be the "road to nirvana", at least on our roads. But, do we have roads? It seems the government has neither the will nor the ability to build good roads.

The Gurgaon Expressway was opened in January 2008. In 24 months, 120 people have died and 1,600 have been injured. Reason: Badly designed roads.

Nirvana is a long way off.

By the way, what is the opposite of nirvana? That we have!

Happy Motoring
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