Why have truck drivers called for a strike?
- Recently, the truck drivers commenced a month-long strike, protesting against the stringent penalties for hit-and-run cases under the newly enacted Bharatiya Nyaya Sanhita (BNS), 2023.
- The strike led to widespread road blockades, causing concerns about potential fuel shortages.
Hit-and-Run Clause in the BNS, 2023
- Section 106 (1) prescribes imprisonment up to five years and a fine for causing death due to rash or negligent acts not amounting to culpable homicide.
- Section 106 (2) stipulates imprisonment up to ten years and a fine for causing death through rash and negligent driving not amounting to culpable homicide, with an escape without reporting the incident to a police officer or a Magistrate.
Comparison with Existing Laws
- Replacing Section 304A of the Indian Penal Code (IPC), the BNS increases the punishment for causing death by negligence.
- The BNS also lacks relief measures that were provided under Section 134 of the Motor Vehicles Act, 1988.
Government's Response
- The Ministry of Home Affairs (MHA) met with the All-India Motor Transport Congress (AIMTC) to address the situation.
- The Home Secretary assured drivers that the new law had not been implemented, and any decision to invoke Section 106 (2) would be made after consulting AIMTC.
Truckers' Grievances
- Truck drivers oppose the steep penalties, citing monthly earnings of ₹10,000 to ₹15,000.
- Lack of consultation with drivers and absence of accident investigation protocols are also highlighted.
- Truckers emphasise the need for better traffic violation enforcement, control over tractor-trolleys, adherence to working hours, driving training and insurance provisions.
Road Accident Data
- In 2022, 4,61,312 road accidents were reported in India, resulting in 1,68,491 fatalities.
- Of these, 56% accidents and 60.5% of fatalities occurred on National and State Highways.
- Trucks accounted for 9% of total accident deaths, and hit-and-run cases constituted 18.1% of fatalities.
Issues Beyond Penalties
- Truck drivers are a vulnerable category of road users and easy targets for the police who tend to deem drivers of heavier vehicles guilty.
- Challenges faced by heavy vehicle drivers include road lane assignments, lack of footpaths and issues of driver fatigue.
- Recommendations for addressing driver fatigue include regulation of working hours and improvement of truck cabin ergonomics.
- The Chairman of the Institute of Road Traffic Education calls for police training and better use of forensic evidence in the accident investigations.