The new legislation, Bharatiya Nyaya Sanhita (BNS) 2023, having an increased punishment for hit-and-run cases, has triggered nationwide protests by truckers who have jammed highways and important junctions demanding that the law be repealed. However, legal experts have welcomed the legislation saying that the deterrent punishment provided under Section 104 will force errant truck drivers to follow traffic rules and prevent fatal accidents on highways. In a bid to strongly press their demands, protesting truckers pelted stones at policemen at various locations in Navi Mumbai and Palghar, where they jammed arterial check nakas on highways.

After an overnight bandobast duty for New Year, police in Navi Mumbai, Palghar and Mira Bhayandar Vasai Virar had to focus their energy on the roads on the first day of 2024.

Truck drivers blocked roads with their trucks near Fountain Hotel at Mira Bhayandar on Monday. Pics/Hanif Patel 

The police detained protesting truck drivers for pelting stones at them. Efforts are being made to nab others who fled by checking CCTV camera footage. The police are looking for protesters who also attempted to damage public property.

The new legislation

Under Section 104(2), BNS proposes a 10-year jail sentence and a fine of Rs 5 lakh for truck drivers involved in hit-and-run cases. Under Section 304A of the Indian Penal Code (IPC), rash truck drivers were imprisoned for up to two years. Section 304A is a bailable offence because imprisonment is less than 
two years.

In India, more than 50,000 people die annually in hit-and-run cases. Maharashtra has the second highest cases. On highways, many people die in hit-and-run cases. BNS’s Section 104(2), introduced in response to the increasing hit-and-run cases, is expected to secure justice for victims by ensuring that the accused do not get bail easily and will be arrested. 

The protest on Monday caused a traffic jam on the Mumbai Ahmedabad Highway at Vasai. Pic/Hanif Patel

Many unions protested at Chinchoti on the Mumbai-Ahmedabad Highway, in Navi Mumbai, and near the Fountain Hotel in Mira Road. Protesters threw stones at police vehicles in Navi Mumbai and Chinchoti, resulting in injuries to policemen. Around 40 truck drivers who attacked the police were detained in Navi Mumbai.

A truck driver said, “We have been driving trucks for 20 years and have always followed the rules. Our entire family depends on us. If any unfortunate incident occurs and we end up in jail for 10 years, who will take care of our families? We do not intentionally cause accidents. It is a result of mistakes made by both truck drivers and other vehicles. This punishment is extremely harsh and should be repealed as soon as possible.”

The protests on Monday led to traffic jams in certain areas. Drivers and unions have threatened to continue the stir and not let vehicles operate on highways if their demands are not met.

The All India Motor Transport Congress (AIMTC) said in a statement, “The AIMTC emphasises that no official call has been issued yet, and an emergent meeting is scheduled for tomorrow [Tuesday] to determine the course of action. Chairman Core Committee Bal Malkit Singh urges the government to take immediate initiatives to address this burning issue before it escalates further.”

AIMTC chairman Bal Malkit Singh said, “We appeal to the 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 and just.”

Experts’ views

Advocate Abha Singh said, “We are happy with this law as it will ensure justice for victims. Recently, a couple riding on the highway in Borivali fell after their bike lost balance. A truck ran over them and killed them. Truck drivers are always in a hurry to reach their destination for fear that their bosses will shout. This law will remind truck drivers to be careful.”

“This law applies to all drivers involved in hit-and-run cases but truck drivers are protesting aggressively. The IPC let people off on bail because the jail term was only two years. Salman Khan also got bail because the offence was bailable,” Singh added.

Jitendra Gupta, founder member of Citizen Transport Committee and a transport expert, said, “The government is right to implement this law. Any person who escapes the scene of an accident instead of helping the victim to a hospital should be held responsible. In most accident cases, drivers choose to flee, leaving the victim or victims to die. Now, if the accused don’t want to go to jail for 10 years then they have no choice but to help the victim.” 

Sudhir Badami, a transport expert, said, “This is an injustice to truck drivers who are economically backward. In such cases, the police should check exactly how the accident took place and who was responsible for it instead of straightaway going for the truck driver’s throat. Many accidents take place because of faulty road designs and potholes. The engineers and other officials are equally responsible for this. A jail time of 10 years is ridiculous. This law is wrong and needs to be rectified.”

State government invokes ESMA to curb truckers’ strike 

As the lorry drivers’ protest against a ‘hit-and-run’ amendment, which began on New Year’s Day, started affecting the essential supply chains with the state-level co-ordinator of the oil industry in Maharashtra pressing the panic button seeking the invocation of the Essential Services Maintenance Act (ESMA) in the evening, the Maharashtra government invoked the law and directed the police and district administration to act swiftly to render all possible assistance to oil companies.
The Maharashtra government has directed all district administrations and police machinery to render all possible assistance to keep smooth supplies and not affect essential services.

Rajendra B. Aklekar

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