Navigating Controversy: The Bharatiya Nyaya Sanhita and the Truck Drivers' Protest in India

If you have been following the news lately, you might have heard about the nationwide strike by truck drivers and transporters in India. They are protesting against the new penal law, Bharatiya Nyaya Sanhita, which imposes harsh penalties for hit-and-run cases. In this blog post, we will explain what the new law is, why the truck drivers are opposing it, and what are the implications for the road safety and the transport industry in India.

What is the new law?

The Bharatiya Nyaya Sanhita is a new penal code that aims to replace the existing Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). It was drafted by a committee headed by Justice B.S. Chauhan, a former Supreme Court judge, and was submitted to the Ministry of Home Affairs in 2020. The new code is said to be more comprehensive, modern, and gender-neutral than the old one, and covers various aspects of criminal law, such as cybercrime, terrorism, sexual offences, corruption, and environmental offences.

One of the most controversial provisions of the new code is related to hit-and-run cases, which are defined as incidents where a person causes death or injury to another person by a vehicle and flees the scene without reporting it to the authorities. According to the new code, such cases are punishable by up to 10 years of imprisonment and a fine of up to Rs. 7 lakh. This is a significant increase from the current IPC, which prescribes a maximum of two years of imprisonment and a fine of Rs. 25,000 for hit-and-run cases.

Why are the truck drivers protesting?

The truck drivers and transporters across India are strongly opposed to the new law, as they fear that it will make them vulnerable to false accusations, harassment, and extortion by the police and the public. They argue that the new law is unfair and draconian, as it does not take into account the ground realities of the transport industry, such as the poor condition of roads, the lack of parking facilities, the erratic traffic, and the frequent accidents involving pedestrians, cyclists, and animals. They also claim that the new law will worsen the existing shortage of drivers in the industry, as many people will be discouraged from taking up the profession due to the fear of legal consequences.

The truck drivers and transporters have been staging protests and chakka jams (road blockades) in various parts of the country, such as Jaipur, Meerut, Agra Expressway, and other routes, since December 2020. They have also submitted a petition to Prime Minister Narendra Modi, requesting him to withdraw the new law and to consult the stakeholders before implementing any changes in the penal code. They have threatened to intensify their agitation if their demands are not met.

What are the implications for road safety and the transport industry?

The new law has sparked a debate on the issue of road safety and the rights and responsibilities of the drivers and the victims in hit-and-run cases. On one hand, some experts and activists have welcomed the new law, as they believe that it will deter the drivers from fleeing the scene of accidents and will ensure justice and compensation for the victims and their families. They also hope that the new law will reduce the number of road fatalities and injuries in India, which are among the highest in the world. According to the Ministry of Road Transport and Highways, India recorded 449,002 road accidents, 151,113 deaths, and 451,361 injuries in 2019. Out of these, 52,990 accidents, 21,406 deaths, and 55,436 injuries were caused by hit-and-run cases.

On the other hand, some critics and stakeholders have opposed the new law, as they argue that it is too harsh and disproportionate, and that it will create more problems than solutions. They contend that the new law will not address the root causes of road accidents, such as the lack of infrastructure, enforcement, and awareness, and that it will only increase the corruption and harassment by the police and the public. They also warn that the new law will have a negative impact on the transport industry, which is already facing a crisis due to the Covid-19 pandemic, the rising fuel prices, and the GST regime. They estimate that the transport industry contributes about 14 percent to the GDP and employs about 20 crore people in India.

Conclusion

The new law on hit-and-run cases is a contentious and complex issue that affects millions of people in India, both as drivers and as victims. While the intention of the law is to improve the road safety and the justice system in the country, the implementation and the impact of the law are still uncertain and debatable. The government and the transporters need to find a common ground and a balanced approach that respects the rights and interests of both parties, and that ensures the safety and welfare of the public at large.