India’s Motor Vehicles Act Has a Fatal Loophole Putting Children at Risk: Experts Call for Mandatory Child Restraint Systems

New Delhi, 26th March 2026 — The tragic fatality of a young child in a recent road crash in Kerala has reignited urgent calls from road safety experts and civil society to amend India’s Motor Vehicles Act and mandate the use of Child Restraint Systems (CRS) for children in vehicles.

According to data from the Ministry of Road Transport and Highways (MoRTH), over 9,500 children lost their lives in road crashes in 2022 alone. Experts warn that a key legislative gap specifically the wording of Section 194(B) is contributing to this preventable crisis.

Currently, the law allows children below 14 years to be secured using a “seatbelt OR a child restraint system.” Road safety advocates argue that this ambiguity creates a false sense of compliance while failing to ensure actual protection.

“Adult seatbelts are not designed for children. In fact, they can cause severe injuries to a child’s spine, neck, and internal organs during a crash,” said Madhu Sudan Sharma, Senior Programme Officer at CUTS International. “A child restraint system is not optional it is a biomechanical necessity.”

Research indicates that properly used CRS devices can reduce injury risk by 71% to 95%, yet adoption in India remains negligible due to lack of awareness, enforcement challenges, and absence of clear legal mandates.

Further compounding the issue, vehicle safety ratings under programs like NCAP assume children are secured in CRS during crash tests. This means high safety ratings do not translate to real-world protection when children are restrained incorrectly.

Road safety experts, including stakeholders from the Road Safety Network (RSN), are urging policymakers to take immediate action by:
Removing the “OR” clause in Section 194(B)
Mandating CRS use for children up to at least 12 years of age
Defining clear height and weight standards
Prohibiting unsafe practices such as carrying children on laps or in front seats
“Ambiguity in the law leads to inaction on the ground. A clear mandate will empower enforcement agencies and drive behavioural change among parents,” said Amarnath Karan, Scientist and Senior Programme Coordinator at CEE.

India has committed to reducing road fatalities by 50% in the coming years. Experts emphasize that this goal cannot be achieved without prioritizing child safety.

The recent fatality serves as a stark reminder that legislative clarity can save lives. Stakeholders are calling on the government to act swiftly and close this loophole before more young lives are lost.