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Explainer: Truck drivers’ nationwide protest in India
The hit-and-run penalties under the BNS law were the target of the now-called off protest
Representative Image / Mikhail Mamontov from Pixabay
Truck drivers in India staged a nationwide protest on Jan.1 against the newly enacted penalties for hit-and-run cases imposed by the Bharatiya Nyaya Sanhita (BNS), the updated criminal code.
The All India Motor Transport Association (AIMTC) led the now-cancelled demonstration in multiple states, including Jammu and Kashmir, Maharashtra, Punjab, Madhya Pradesh, Uttar Pradesh, and Himachal Pradesh.
What caused the protest?
The recently implemented Bharatiya Nyaya Sanhita (BNS), which replaces the colonial-era Indian Penal Code, stipulates a maximum prison sentence of up to 10 years and/or a fine of Rs 7 lakh (over US$ 8000) for severe road accidents caused by negligent driving. The law also applies in cases where drivers flee the scene without informing the police.
This is a significant increase from the previous Indian Penal Code (IPC), which had a 2-year imprisonment limit for such offenses.
According to the new BNS provision, “Whoever causes the death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.”
The Drivers’ argument
Referring to the changes under the Bharatiya Nyay Sanhita, as "kaala kanoon" (black law), the truckers in various states voiced their criticism for the same.
They argued that many truck drivers opt to flee even in minor accidents to avoid potential mob violence and life-threatening situations. According to them, mobs involved in such incidents often go without consequences, and imposing harsh penalties solely on drivers is deemed unjust by the trucking community.
Government Assurance
In a statement on Jan. 2, the Union government assured the drivers that a final decision regarding the implementation of the penalties will be taken after consultation with the All India Motor Transport Congress.
“The government wants to point out that these new laws and provisions have not yet come into force. We would also like to point out that the decision to invoke Section 106 (2) of the Bharatiya Nyay Sanhita will be taken only after consultation with theAll India Motor Transport Congress,” the statement read.
In response to the government’s assurance, the national transport body said that the protest has been called off and the drivers will resume their routine operations.
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