Truck drivers protest against the new Hit and Run Law (PTI)
In a massive show of dissent, truck drivers in Maharashtra staged ‘rasta roko’ protests on January 1, vehemently opposing the stringent penalties and steep fines mandated for motorists under the new hit-and-run provisions of the penal law.
The agitation began in Navi Mumbai, escalating into an altercation between truckers and a policeman in Nerul during the morning hours. The clash resulted in the officer sustaining injuries, compelling the police to use force to disperse the agitated crowd on the Mumbai-Bengaluru Highway, as detailed in an official report.
The protests extended their reach to the Mumbai-Ahmedabad Highway in the Mira Bhayandar area of Thane district. Truck drivers attempted to block traffic, expressing their discontent over the amended Motor Vehicles Act, which imposes severe punishments on drivers causing serious accidents due to negligence and fleeing the scene. The revised law dictates penalties of up to 10 years’ imprisonment or a fine of Rs 7 lakh for such offenses.
What is the New Hit-And-Run law?
In a significant legal development, the recently enacted Bharatiya Nyay Sanhita has stringent punishments for individuals involved in hit-and-run incidents across India. The comprehensive law outlines specific provisions for those responsible for fatal crashes who attempt to evade accountability by fleeing the scene without reporting to the authorities.
Under the new law, an accused individual causing a fatal crash and fleeing the scene may face imprisonment for a considerable duration of up to 10 years, coupled with a substantial monetary fine. The severity of these penalties is aimed at discouraging hit-and-run incidents and ensuring accountability for those involved.
Bharatiya Nyay Sanhita introduces two distinct categories under the broader umbrella of “causing death by negligence.” The first category addresses instances where death is caused through any rash or negligent act that does not amount to culpable homicide. Offenders falling under this category may face imprisonment for a maximum of five years, in addition to a financial penalty.
The second category specifically deals with causing death through rash and negligent driving, not amounting to culpable homicide. In such cases, if the individual responsible for the fatal crash escapes without promptly reporting the incident to a police officer or magistrate, they could be subjected to a more severe penalty—up to 10 years of imprisonment, along with a substantial fine.
The introduction of these stringent penalties is a proactive step by the legal authorities to address the alarming rise in hit-and-run incidents. By clearly delineating the consequences for such actions, Bharatiya Nyay Sanhita aims to instill a sense of responsibility and accountability among motorists, thereby promoting road safety and justice for victims of such incidents.
What was the previous law?
proceedings under Section 304A of the Indian Penal Code. Under this section, the accused faced penalties of a maximum of two years in jail upon identification. However, with the recent implementation of the Bharatiya Nyay Sanhita, there has been a notable and significant shift in the legal framework governing hit-and-run offenses in India.
The introduction of Bharatiya Nyay Sanhita represents a departure from the comparatively lenient penalties imposed by Section 304A. The new legal provisions signal a clear intent to establish more stringent consequences for individuals involved in hit-and-run incidents. This shift underscores a commitment to ensuring greater accountability, deterrence, and justice in the face of such offenses, aligning with broader efforts to enhance road safety and address the serious implications of hit-and-run cases on victims and society.
How many cases of Hit-And-Run are reported in Bharat?
In a concerning trend, recent statistics released by the National Crime Records Bureau (NCRB) reveal a surge in hit-and-run cases across India, with Uttar Pradesh reporting 16,343 incidents in 2022, securing the second position in the country. Uttar Pradesh trails Madhya Pradesh, which recorded 9.9 cases per lakh population, accumulating a total of 8,477 cases last year.
Among the 19 metropolitan cities with a population exceeding 20 lakh, Lucknow recorded the highest hit-and-run cases per lakh population at 12.2, totaling 355 cases in 2022. Following Lucknow, Nagpur secured the second position with 294 hit-and-run cases, amounting to 11.4 cases per lakh population, according to NCRB data.
Responding to these incidents, senior police officials in Uttar Pradesh, particularly in Lucknow, have implemented various measures to curb such occurrences. Joint Commissioner of Police for Law and Order in Lucknow, Upendra Agarwal, highlighted the installation of CCTV cameras at intersections as a crucial step. Agarwal emphasised the effectiveness of CCTV surveillance, citing an incident near the Vrindavan Yojna area where authorities successfully traced a driver involved in an accident.
To address overspeeding incidents, Agarwal informed about the installation of boom barriers in identified high-risk zones. Individuals with vehicles receiving two speeding-related challans are now subjected to FIRs, and speed radars are actively operational across the city.
In a tragic incident on the G20 road near Janeshwar Mishra Park, a speeding SUV, allegedly traveling at 150 km/h, struck and fatally injured a nine-year-old son of a senior police officer.
Motor vehicle accident fund: An overview of enhanced compensation measures
On a broader scale, recent government data for the fiscal year 2022-23 reveals a significant discrepancy between the number of hit-and-run incidents and the actual compensation claims made by victims’ kin. Among the victims, only 205 families filed compensation claims, with merely 95 cases receiving compensation totaling Rs 1.8 crore. However, 110 pending claims await clearance.
Despite the government’s compensation increase to Rs 2 lakh for fatalities and Rs 50,000 for serious injuries, the slow pace of claims filing suggests a lack of awareness among the populace regarding the compensation application process.
Every year, approximately 25,000 individuals lose their lives, and another 43,000 sustain injuries due to hit-and-run incidents nationwide. The government substantially increased compensation amounts in 2019 to address this issue, establishing the Motor Vehicle Accident Fund in February 2022. The fund saw an infusion of Rs 76.2 crore from the previous ‘Solatium Scheme,’ with disbursements for 87 deceased victims’ families and individuals enduring severe injuries due to road accidents.
In March, the road transport ministry reported to the Lok Sabha that compensation had been provided for only 6 per cent of the annual count of casualties and injuries resulting from hit-and-run incidents since 2017-18. The ministry anticipates an upsurge in claim volumes in the coming years.
Trucker’s Protest: Mumbai-Ahmedabad highway affected
The protests triggered a broader agitation, disrupting fuel refilling operations. Aqeel Abbas, Secretary of the Petroleum Dealers Association, disclosed that around 900 to 1,200 fuel tankers from oil company depots to various districts were affected. Several petrol pumps in Chhatrapati Sambhajinagar suspended operations, heightening concerns about potential fuel supply disruptions.
As per reports, Syed Wajed, a protesting tanker driver, voiced concerns about the exorbitant penalties outlined in the new law, which includes a possible 10-year jail term and a hefty Rs 7 lakh fine for hit-and-run offenses. Wajed emphasised the financial burden this would place on drivers.
Congress Joins Protest: Opposition to Hit-and-Run provision
In tandem with the protests, the Congress party voiced its opposition to the hit-and-run provision, urging the Union Government to revoke it from the new law. Maharashtra Congress chief Nana Patole condemned the measure, alleging it unfairly targeted motorists and instilled fear among drivers of all vehicle types, causing widespread apprehension across the driving community in the state.
Patole claimed that “146 MPs” from the Opposition camp were suspended from Parliament in the recent session to push this “oppressive black law.” He affirmed that the Congress would support truck drivers protesting against the new provision under the Bharatiya Nyay Sanhita.
Protests also erupted in Nagpur district, with demonstrations in Khapri, Warud, Kalamna, and Pardi areas causing the blockage of the Nagpur-Bhandara Road. Organised by a group backed by Shiv Sena (UBT), the protests gathered hundreds of participants, according to officials familiar with the situation.
A leader from Shiv Sena (UBT) criticised the hasty introduction of the legal provision, emphasising the absence of prior discussions with transporter organisations before its implementation. He called for a hold on the “extremely severe” penalties under the new law.
Chhattisgarh comes to a halt: Cease operations by bus drivers and truckers
On January 1, commercial bus drivers and truckers in Chhattisgarh ceased operations, staging demonstrations across multiple locations. They urged the elimination of the clause in the recent penal law concerning hit-and-run accidents, creating disruptions for numerous commuters and impacting the transportation of goods.
Over 12,000 drivers operating private buses in the state halted their services on January 1, leading to the stranding of numerous commuters at bus stations in cities like Raipur, Bilaspur, Durg, and Rajnandgaon. Stranded passengers were observed trying to arrange alternative modes of transportation.
Jitendra Shukla, the convener of Chhattisgarh Vahan Chalak Sangh, mentioned that around 100,000 drivers engaged in operating buses, trucks, transport, and school buses initiated a protest on January 1 as part of the ‘steering chhodo andolan‘. Shukla added that ‘chakka jam’ protests are scheduled to take place in various districts starting from January 2 against the new provision related to hit-and-run accident cases. He emphasised that these protests would persist until the said provision is revoked.
Gujarat Truckers take to the streets: Blockades on major highways
Officials reported truckers’ protests across Gujarat against the stringent jail sentences and hefty fines outlined in the Bharatiya Nyay Sanhita for hit-and-run cases. Protesters created roadblocks on several highways spanning Kheda, Valsad, Gir Somnath, Bharuch, and Mehsana districts by strategically parking vehicles. Arterial routes like the Mehsana-Ambaji highway in Mehsana and the Ahmedabad-Indore highway in Kheda experienced blockades for a period as demonstrators placed burning tires to hinder traffic flow.
Upon receiving reports, local law enforcement swiftly intervened at the locations and successfully cleared the blockades, as per officials. A widely circulated video on social media depicted a lengthy line of stationary trucks along the Ahmedabad-Vadodara highway near Kanera village in Kheda. Those sharing the video cautioned commuters to steer clear of the route due to a massive 10-kilometer traffic congestion brought about by the protests.
Kheda police arrived at the scene and successfully persuaded the truck drivers to conclude the blockade to facilitate the passage of other commuters, according to officials. An official managing the NHAI’s ‘Highway Helpline’ reported that National Highway-48 and the Ahmedabad-Vadodara Expressway were cleared by the police, and no subsequent blockades were encountered. Truck drivers engaged in the protests raised slogans against the new law on highways across Bharuch, Gir Somnath, and Valsad, as per officials.
One of the protesting truckers, Bhaiya Khan, criticised the hefty fine amount, stating, “If someone had that much money, they would start a business rather than becoming a truck driver.” These spontaneous protests are expected to persist until January 3, according to Khan.
Contrary to an organised strike, Tapan Sharma, former president of the Ahmedabad Motor Transport Association, clarified that these protests were unscheduled. “Drivers are expressing their concerns about the new law independently. They chant slogans and then resume their duties.
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