Hit-and-run law controversy: How Centre convinced truckers to end nationwide strike and averted a crisis

The first challenge encountered by the central government this New Year was effectively navigated. Truck drivers and various transport associations called off their agitation on Tuesday late at night, two days after widespread rallies against the new hit-and-run law. The development came after the Centre assured them that their opinions would be taken into account before the new Bharatiya Nyay Sanhita (BNS) Bill, 2023 , was put into effect. Let’s take a closer look. The Centre’s assurance on new hit-and-run law The BJP administration announced on Tuesday that it took cognizance of the transport workers’ concerns about the Bharatiya Nyay Sanhita’s provisions surrounding traffic accidents. It added that the decision to invoke the same will be taken only after consultation with the All India Motor Transport Congress (AIMTC), reported News18. The statement read, “The Government of India has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine under Section 106(2) of the Bharatiya Nyay Sanhita and held a detailed discussion with the representatives of the All India Motor Transport Congress today.” Truck drivers call off their protests The truck drivers’ association said in a statement that they met and talked about the Indian Judicial Code issue. They have addressed every problem, so there aren’t any unresolved issues at the moment. It further added, “No new laws have been implemented as of now. The state has assured that any forthcoming law will be enforced only after consulting with them.” [caption id=“attachment_13570122” align=“alignnone” width=“640”] Truck drivers shout slogans during their protest against the new penal provisions in the hit-and-run law, in Nagpur. PTI[/caption] Amrit Lal Madan, President of All India Motor Transport Congress, said, “You are not just our drivers; you are our soldiers… We do not want you to face any inconvenience. Union Home Minister Amit Shah has kept the ten years of punishment and fine that were imposed on hold. Until the next meeting of the All India Motor Transport Congress is held, no laws will be imposed.” The core committee chair of the AIMTC, Bal Malkit Singh, also urged drivers to return to their cars and continue working without fear. “We have conveyed your (the truckers) concerns to the government. The law has not been put into force yet, and I assure you that we will not let this law come into force. We appeal to you to go back to your vehicles and start driving without any fears,” said Bal Malkit Singh. About the controversial law Section 106(2) of the Bharatiya Nyaya Samhita, or BNS, which is slated to replace the Indian Penal Code from the colonial era, was the subject of the protest since it imposed severe penalties in hit-and-run incidents. According to this law, drivers who cause a serious traffic accident through careless driving and flee the scene without reporting it to the authorities risk a maximum sentence of 10 years in prison or a fine of Rs 7 lakh. In the past, two years would have been the maximum sentence allowed by the IPC in such circumstances. [caption id=“attachment_13570132” align=“alignnone” width=“640”] People queue up at a petrol pump amid the ongoing truck drivers’ protest against a provision in the new penal law on hit-and-run accident cases involving motorists, in Hyderabad. PTI[/caption] The law thereby states, “The duration of sentences in hit-and-run cases has been increased to 10 years because of the observations made by the Supreme Court. The Supreme Court has stated in multiple cases that strict action should be taken against those drivers who recklessly drive vehicles, cause accidents resulting in someone’s death, and then flee the scene.” Notably, the National Crime Records Bureau (NCRB) reports that 50,815 people were killed in 47,806 hit-and-run cases in India in 2022. This translates to about six deaths every hour and 140 fatalities per day from hit-and-run incidents. 43,499 people died as a result of 47,530 such events in 2021. While speaking to CNN-News18, a Ministry of Road Transport and Highways official said that strict rules were needed to check the rise in hit-and-run cases. “With a strict law in force, drivers will be careful. Further, even if there is an accident, the victim will get timely help under the new law because of the lesser punishment for that category. The idea is that if you have caused damage to an individual unintentionally, it is your duty to help the victim. They should not be left on the road to die,” the official said The Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023, were passed by the Union Government during the Winter Session of Parliament. Many states, including Jammu and Kashmir, Bihar, Punjab, Maharashtra, Madhya Pradesh, Himachal Pradesh, and Chhattisgarh, witnessed the protests. Motorists queued up at fuel stations at many places on Tuesday over fears that stocks would run dry soon with truckers keeping off the roads to protest stricter punishments in the new law on hit-and-run cases. As a result, about 2,000 petrol pumps, mostly in western and northern India, have run out of fuel stocks, according to Economic Times. [caption id=“attachment_13570232” align=“alignnone” width=“640”] Heavy rush at a petrol pump following nationwide strike of oil tankers over new provisions regarding hit-and-run cases under Bharatiya Nyaya Sanhita, in Amritsar. PTI[/caption] Drivers’ concerns Driver groups and activists voiced concerns about its unambiguous objectives and justifications, even though it hasn’t been put into effect yet. The private transport companies claim that the law may result in unfair penalties. The biggest truckers’ organisation in the nation, AIMTC, wrote to Prime Minister Narendra Modi and Home Minister Amit Shah last week, drawing attention to the fact that police frequently blame large vehicles for accidents without conducting a thorough investigation and that drivers run the risk of facing violent mobs at the scene of an accident. The truckers, cab drivers and others operating commercial vehicles are questioning how they would pay such a steep fine in case they meet with an accident. Speaking on the national strike, the President of All India Motor and Goods Transport Association, Rajendra Kapoor told ANI, “Our only demand from the government is that the decision should have been taken after having consultations with our stakeholders. There was no discussion with anyone on this, and no one was asked about this. There should have been prior meetings and consultations.”