What is India’s new hit-and-run law? Why has it led to nationwide protests?

Huge traffic jams and long queues at petrol pumps greeted the New Year in India. The reason? A national truck driver protests against the new hit-and-run law. Drivers began a three-day protest on Monday, blocking major highways and roads throughout the nation. They demanded that the government provide further clarification on the “Hit and Run” change to the Indian Penal Code (Death by Negligence), which was made possible by the Bharatiya Nyay Sanhita (BNS) Bill, 2023.

Fuel Stations across the country are going dry with Tank Lorry Transporters on Strike over the New Criminal Law Bills which punish drivers in “Hit & Run” cases with 10 years imprisonment & is non bailable. Drivers up in arms as they fear in unfortunate accidents even if they are… pic.twitter.com/1evYWnfROe

— Siddhant Das (@sidvick) January 1, 2024

However, what exactly is the new law? What do the protesters want? Let’s take a closer look. What is the new law? Truck drivers are protesting the new Bharatiya Nyaya Sanhita Bill, the criminal code that will replace the Indian Penal Code (IPC), which includes a hit-and-run law. The penalty in cases of road accidents has been increased by the new law to up to 10 years. According to the Indian penal code, the maximum sentence for unintentionally killing someone in a car accident was two years in prison. “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine,” states the Bharatiya Nyaya Sanhita. A punishment of ₹ 7 lakh and a maximum ten-year prison sentence may be imposed if the criminal flees or neglects to report the crime right away. Expected to take effect in April 2024, the bill is awaiting presidential assent. Widespread protests in India The new regulation is being criticised by truck drivers who believe it is unfair and discriminatory towards larger vehicles. Truck drivers, private bus drivers, and sometimes even government bus drivers are among the drivers taking part in the strike. Some have stated on social media that taxi drivers in some states have joined the protest as well.

देश भर में ट्रक ड्राइवर हड़ताल पर है..

Hit & Run के मामलों में लाये गए काले कानूनों के खिलाफ इनका गुस्सा लाजमी है।

10 साल की सजा और 7 लाख जुर्माना का प्रावधान कानून के किस विशेषज्ञ की राय पर लाया गया अमित शाह जी को जवाब देना चाहिए.. pic.twitter.com/9iLTv5WZTB

— Swati Singh (@SwatiSi15533344) January 2, 2024

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“We are drivers; how can we pay such a big fine amount?" says Syed Wajed, a tanker driver protesting in Maharashtra. On Monday, truck drivers protested the provision by holding “rasta roko” protests around Maharashtra, reported PTI. Officials report that truck drivers in the Thane district’s Mira Bhayandar area briefly stopped traffic on the Mumbai-Ahmedabad Highway, hurled stones at police officers, and injured one of them. Authorities stated that the situation in Navi Mumbai and other areas is under control and that roads were also stopped in the districts of Solapur, Kolhapur, Nagpur, and Gondia. Across Chhattisgarh, more than 12,000 private bus drivers staged protests on Monday, stranding hundreds of travellers at bus stops in places including Raipur, Bilaspur, Durg, and Rajnandgaon. In the Hooghly district of West Bengal, hundreds of truck and commercial vehicle drivers blocked National Highway 2 near Dankuni toll plaza on Sunday for around two hours in protest of the new penal laws for hit-and-run cases, according to the police. [caption id=“attachment_13567282” align=“alignnone” width=“640”] Truck drivers block the national highway number 2 to protest against the new penal laws for hit and run cases, at Dankuni, in Hooghly district. PTI[/caption] In Moga, truck drivers started a protest that caused traffic disruptions on the Ludhiana-Ferozepur Road. Transporters claim that truck drivers have also gathered at the border near Shambhu, close to Ambala, preventing trucks from moving. Drivers in Bhopal blocked city buses and cars at Lalghati as part of the agitation, while some demonstrators also gathered in MP Nagar’s Board Office Square. While some associations based in Pune are prepared to participate in the 3 January protest at Delhi’s Jantar Mantar, others consider it a necessary move and want clarification regarding the stakeholders’ engagement. Panic-buying of petrol There are long queues at petrol pumps due to panic buying by two- and four-wheelers as a result of the truck drivers’ ongoing protests against the new hit-and-run rule in various locations. Images showed long lines at gas stations in Nagpur, Thane, Jalgaon, Dhulia, Chhattisgarh, Madhya Pradesh, Jammu, and several other states as people awaited their turn to fill up their cars. Videos showed local police in Nagpur rushing to the scene and removing the blockades. The managers of certain petrol stations in the Nagpur district have reported that they may have to post a ‘No Petrol’ notice if the situation doesn’t improve. A few stations have already run out of supply. On Monday, tanker drivers in Nashik halted operations and parked over a thousand cars in Panewadi village, which is the location of gasoline tanks. [caption id=“attachment_13567302” align=“alignnone” width=“640”] \Heavy rush at a petrol pump following the nationwide strike of truck drivers against a provision in the new penal law on hit-and-run accident cases, in Jammu. PTI[/caption] According to a report by the news agency PTI, an office-bearer of the Petroleum Dealers Association stated that certain gas pumps in the Chhatrapati Sambhajinagar area have already stopped working. “Petrol was supplied to 150 petrol pumps in Mumbai last night. However, due to panic buying, people are buying more petrol than what is required, making it difficult to maintain the stock of petrol. It will be difficult if there is no supply of petrol in the coming days,” Keyur Parikh, Mumbai’s Petrol Pump Association dealer, said. Protesters’ demands Driver groups and activists throughout the nation have begun to respond to the bill, voicing concerns about its unambiguous objectives and justifications, even though it hasn’t been put into effect yet. Organisations representing truckers and transporters made a plea to the Centre to act quickly to fix the problem before it gets worse amid protests. 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. [caption id=“attachment_13567412” align=“alignnone” width=“640”] Truck drivers block the Agra-Delhi National Highway during a protest over the “stringent provisions” under proposed legislation on hit-and-run cases under Bharatiya Nyaya Sanhita 2023, in Mathura. PTI[/caption] “We appeal to drivers to maintain patience and uphold law and order during this critical period. Our primary goal is to engage in constructive dialogue with the authorities to find a resolution that is fair. We call upon the government to open channels for dialogue and work towards a solution that addresses concerns of all stakeholders,” said Bal Malkit Singh, chairperson of AIMTC’s core committee, according to The Times of India. The Indian Gig Workers Front (IGWF) wrote the Collector on 1 January, requesting clarification and advocating the act’s continued classification as a crime subject to bail. Indian Express quoted Keshav Kshirsagar, President of IGWF, as saying that numerous associations are spreading false information about the Bill, claiming it will be harmful to drivers, without fully comprehending its provisions. He added that the old clause 304A was replaced with clause 104(1), which simply extended the sentence from two years to ten years. Additionally, his secondary concern regards the continuity or discontinuity of the “bailable offence.” He said the factors considered in the negligence death and rash driving “involve issues like drink and drive, crossing speed limits, and driving without a licence. Punishment under the upcoming clause will only apply if a driver flees the scene, along with these factors, and they are later proven in the investigation.” “Clarity will emerge once the Bill translates into an Act. The government should engage stakeholders and promote awareness through discussion,” Kshirsagar added. With inputs from PTI