New Delhi: Wajid Khan, 35, went back to work on Wednesday, setting off for Mumbai in his container truck. Like thousands of other drivers across the country, he had boycotted work in protest against the new penal provision of increased jail time for hit-and-run cases under the Bharatiya Nyaya (Second) Sanhita (BNS) 2023. Their greatest fear is how they would manage to pay a fine of 7 lakh and endure a 10-year sentence if involved in a hit-and-run incident.
After the central government’s assurances that it will not implement the contentious provision — which increases hit-and-run punishment to 10 years’ jail from up to two years under IPC — before consulting drivers’ unions, Wajid was “happy” to get back behind the wheel.
He shared that his family of seven encouraged him to quit his job as a driver when the new law made headlines, as they believe it’s better for him to stay at home than risk suffering through a long jail term.
However, the All India Motor Transport Congress (AIMTC) — the largest organisation in the country representing the transportation sector — is divided on the government’s assurances. According to its website, it represents around 95 lakh truckers and around 50 lakh bus and tourist operators.
A faction within the AIMTC that wants the penal provision withdrawn entirely is “dissatisfied” with the decision of the central government.
AIMTC chairman Kultaran Singh Atwal, who was not part of the delegation that attended the meeting with the government Tuesday, told ThePrint that some of the organisation’s members are still protesting in Delhi, Punjab, Haryana and certain parts of Jammu and Kashmir.
He claimed that only 40 percent of AIMTC-affiliated drivers have returned to work, adding that around one lakh drivers participated in protests against the hit-and-run penal provision nationwide, including public and private vehicles.
“The drivers are still not satisfied with the government’s assurance. They feel that the government will not withdraw the law. They are also asking that now that this law has been made, how will the government withdraw it,” Athwal said over phone.
He confirmed that AIMTC is divided in two camps over the government’s decision, adding that some may even leave the organisation.
According to Atwal, the faction seeking complete withdrawal of the provision didn’t get “clarity” from the Tuesday meeting held with the government.
“The government has not given any clarity in the meeting that it will withdraw the law but has instead said that it will not be implemented,” he added.
A day after thousands of drivers boycotted work in protest, the government and AIMTC had seemingly reached an agreement regarding the newly enacted Bharatiya Nyaya Sanhita (BNS) 2023 late Tuesday. Union Home Secretary Ajay Bhalla held discussions with representatives led by AIMTC president Amrit Lal Madan, and assured that the stringent hit-and-run penal provision will not immediately be implemented.
According to the road transport ministry data, hit-and-run cases in India rose to 67,387 in 2022 from 57,415 in 2021. Fatalities also increased to 30,486 from 25,938 during the same period.
“Before implementing it (the new penal provision), we will discuss with AIMTC and only then will we take a decision,” Bhalla had said Tuesday.
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‘Ram temple, LS polls played role in govt’s decision’
Mohan Singh, chairman of the All India Truck Operator Welfare Association (AITWA), claims that the government made this decision keeping in mind the 22 January inauguration of the Ram temple in Ayodhya.
“The government has taken this decision to ensure that there is no disturbance in the programme being held in Ayodhya,” he told ThePrint, but clarified that the government didn’t mention this in the meeting.
He also claimed that the upcoming Lok Sabha election was a factor.
Singh expressed “satisfaction” with the Centre’s decision, but said that if it attempts any deceit, they will initiate a “huge protest”. He emphasised that the government has given assurances “on and off the record, including in front of the media” regarding the new law.
“The government has realised from the protests how it could impact the economy. So now it is doing damage control,” he told ThePrint over phone.
According to AITWA, 80 percent of its drivers have returned to work, and the remaining will resume their duties in the next few days.
“Some drivers left work in anger and went to their homes. They will return to work in a few days,” said Singh.
He wants changes in the new hit-and-run law, as well as “good behaviour” towards drivers from society. Emphasising the need for “driver’s safety”, he also wants affordable resting rooms with better conditions for eating and rest during long journeys.
‘BJP has upset farmers, labourers, and now drivers’
According to AIMTC’s Haryana president Dharmendra Malik, “no one is satisfied” with the government’s decision. He wants the new hit-and-run penal provision to be “completely revoked”, adding that if the government talks about implementing this law after some time, there might be “large-scale protests”.
Malik claimed that “no one helped drivers” during testing times like the Covid lockdown. Bringing in laws like these is an attempt by the government to shut down this profession,” he further alleged.
“In the future, no one will come into this profession. BJP has upset farmers, labourers, and now drivers,” said Malik.
‘Govt should do a pilot project before implementation’
According to the protesting drivers, when they stop to help a victim in case of an accident, they are often compelled to flee to safeguard themselves from enraged mobs.
Balvinder Singh Bedi, AIMTC chairman in Haryana, criticised the government for not consulting with transport organisations when they were working on the new law. He suggested that a pilot project be carried out to test the law on the ground before implementation, and that the government assess it at the block and district levels.
“If a person dies of a heart attack during an accident, the entire blame will fall on the driver. In such a situation, this law is not very practical,” said Bedi.
AITWA chairman Mohan Singh, quoted earlier, said, “Drivers are worried that if they stopped at the scene (accident spot), the mob would kill them and if they fled, the government would kill them (in context of the stringent provisions).”
Last month, the Delhi High Court — while hearing a woman’s petition against a 2021 order passed by the Court Employees Compensation Commissioner dismissing her compensation claim — had observed that it is the prime duty of every citizen to help an injured person on a public road/highway. Yet, the bench further said, it would be impossible for “Good Samaritans” to help such victims in the absence of legal protection.
(Edited by Gitanjali Das)
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