The Odisha truck drivers associations, claiming support from more than five lakh drivers, have threatened to strike nationwide from January 6 onwards over the new hit-and-run laws under the recently passed Bharatiya Nyay Sanhita (BNS). Meanwhile, in Assam commercial vehicles and other public transport stayed off the roads on Friday kickstarting their 48-hour strike against the new penal law.
Aditya Prasad Behera, the Odisha association’s treasurer, said the memorandums against the new law would be submitted to all collectors and SPs on Friday. “The strike will be intensified across the state from Saturday onwards,” he was quoted as saying. Ramen Das, convenor of the Assam truckers' association, said the government was looking to blame drivers for any unfortunate incident “even if they may not have committed the crime”. “Instead of improving road conditions, they are penalising the poor drivers," Das said. “The new law on hit-and-run cases is anti-drivers and is against owners of vehicles. We call for a strike of all vehicles from 5 am on Friday to 5 am on Sunday to press for our demand for withdrawal of the legislation,” he added.
The calls for fresh agitations come even as truck driver associations on January 2 called off their strike following discussions with the home ministry. Home Secretary Ajay Bhalla on January 2 pointed out that the law has not yet come into force. “We would also like to point out that the decision to invoke Section 106 (2) of the BNS will be taken only after consultation with the All India Motor Transport Congress,” Bhalla has said after meeting a delegation of truckers. However, so far, the government has not declared the withdrawal of the law.
Several auto unions, who have also joined in to protest, claim the government should have consulted stakeholders before introducing the new law. “We will hold a peaceful protest at Jantar Mantar. These laws have the potential to ruin families and are akin to capital punishment. Drivers don't deliberately hit and run over people. Sometimes they flee the scene due to the fear of being attacked by people. Transport unions from across the country will be joining the protest,” Kishan Verma, the president of the All Dilli Auto-Taxi Transport Congress Union, told PTI.
The recently passed BNS—the criminal reform law that seeks to replace the Indian Penal Code (IPC)—imposes stricter penalties in all hit-and-run cases with jail time up to 10 years and a fine of ₹7 lakh. Truck drivers in several states went on strike against the new law, especially the provisions against drivers who run away from an accident spot.
The new law triggered strikes from truck drivers across Maharashtra, Punjab, Madhya Pradesh, Uttar Pradesh, Himachal Pradesh, and Jammu and Kashmir. In the new year, more than 2,000 petrol pumps ran dry in Western and Northern India due to the protest.
The strike affected the supply of fuel, food, and goods. In the Mumbai Metropolitan Region (MMR), around 70 percent of the approximate 1.50 lakh drivers of trucks, tempos, and other heavy vehicles were striking resulting in loss of at least ₹120-150 crore (from a one-day strike).
What is the “kala kanoon” and why did the government bring it in?
The government introduced the new penal provisions in a bid to reduce the number of hit-and-run accidents. According to the Ministry of Road, Transport and Highways (MoRTH), the police reported more than 4.61 lakh accidents in 2022, claiming more than 1.68 lakh lives and 4.43 lakh injuries. In 2022, hit-and-run accidents were the second largest.
Apart from bringing in reform to criminal laws, the new provisions of the law fix accountability and have time-bound the trial in such cases to 3 years. By imposing harsher penalties, the government hopes to promote road safety, and discipline, and discourage rash/dangerous driving.
The new law also gives victims more rights allowing them a voice during trials which will help ensure them a fairer legal process.
Truckers have termed the new penal provisions as “kala kanoon” or black law which attracts a 10-year-jail term and a fine upto ₹7 lakhs, especially if a driver flees the accident spot. The drivers fear the law is draconian, the fines high, and will result in financial hardship. The new law will also discourage drivers and deter new entrants from opting for this profession exacerbating the existing shortfall in truck drivers across the country.
What does the data say?
According to MoRTH reply in the Lok Sabha, World Road Statistics, 2022 suggested that Venezuela has the highest rate of road accident fatalities, with 39.4 persons killed per 1,00,000 population. In comparison, the rate in India is 9.5 persons killed per 100,000 population.
Annual MoRTH data available on the website suggests in 2022, the hit-and-run cases and resultant deaths stood at 14.6 per cent (total accidents) and 18.1 per cent (total fatalities) compared to 16.8 per cent and 11.8 per cent respectively in 2021.
Data further says that 72 per cent of all accidents and 71 per cent of deaths in 2022 were because of overspeeding. In terms of offenders and victims, truckers came in second after two-wheelers for causing accidents. Two-wheelers faced the double whammy of being the biggest offenders as well as victims.
Despite the more than 90 per cent pending trials in hit-and-run cases, data suggests that the number of convictions in hit-and-run cases fare better than any other type of accident. In 2022, the conviction rate was 47.9 per cent whereas for other accidents it was just 21.8 per cent.
The BNS focuses on fleeing perpetrators. This could be because the police find it difficult to file chargesheets in hit-and-run cases. Charge sheets were filed in 66.4 per cent of hit-and-run cases that were disposed by the police in 2022 whereas, in 28 per cent of hit-and-run cases, police found insufficient evidence/untraced/no clue.
