New Delhi : India’s latest hit-and-run legislation, the Bharatiya Nyaya Sanhita, 2023 (BNS), has sparked widespread protests among transporters and commercial drivers from various states, including Maharashtra, Chhattisgarh, West Bengal, and Punjab. The new law, which aims to combat the rising number of road accidents and fatalities in the country, has been criticized for its stringent provisions and perceived weaknesses. This article provides a comprehensive analysis of the protests, the demands of the protesters, and the need for the law.
Protests and their impact:
The protests against the new hit-and-run law have impacted several states, disrupting daily life and raising fears of fuel shortages. In Maharashtra, violent protests erupted with truck drivers blocking roads, resulting in stone throwing, injured policemen, and vehicle damage. A similar unrest occurred in Chhattisgarh. 12,000 private bus drivers went on strike, leaving commuters stranded in major cities and causing panic at petrol pumps. Similar incidents were reported from West Bengal, Punjab, and Madhya Pradesh, where normalcy came to a standstill.
Demands of the protesters:
The carriers have expressed concern over the severe punishment in Section 106(2) of the BNS, which carries a penalty of up to 10 years in prison and a fine for fleeing the scene of an accident and failing to report the incident to a police officer or magistrate. The protesters argue that, while a strict approach to hit-and-run cases is necessary, the new law has several weaknesses that need to be reconsidered.
The main concern of the protesters is the harsh punishment of 10 years of imprisonment and a fine of ₹7 lakh for drivers who flee the scene of an accident without reporting it. They feel that this punishment is excessive and does not take into account the difficult working conditions of drivers, such as long driving hours and difficult roads. They also argue that accidents can be caused by factors beyond the driver’s control, such as poor visibility due to fog.
Drivers generally believe that they are often unfairly blamed for accidents, regardless of the actual circumstances. They argue that the penalty provided by the law is disproportionate and does not reflect the reality of road traffic or the nature of accidents. Drivers are also concerned that the law could be misused by law enforcement agencies to their detriment.
The need for the law:
The new law comes against the backdrop of worrying road accident figures in India. In 2022, India recorded the highest number of road fatalities, with more than 1.68 lakh road deaths, an average of 462 deaths per day. Although the number of road fatalities worldwide decreased by 5%, the number of road accidents in India increased by 12 and the number of fatalities by 9.4% in the same year compared to the previous year. On average, 19 people die in road accidents in India every hour, i.e., one person dies almost every three and a half minutes.
The principle underlying the law is:
The National Crime Records Bureau recorded 47,806 incidents of hit-and-runs in 2022, resulting in 50,815 deaths. The law is designed to deter motorists from driving carelessly and negligently, which can lead to fatalities, and to punish offenders who attempt to escape the law after causing a fatality through such driving. The law requires the offender to report such an incident to the police or a magistrate and makes failure to do so a criminal offense.
Are the protests justified?
The widely held view that Section 106(2) of the BNS provides for imprisonment of up to 10 years and a fine of ₹7 lakh for fleeing the scene of an accident and not reporting the incident to a police officer or magistrate is incorrect. While this section mentions a maximum punishment of 10 years and a fine, the BNS does not mention that the fine is ₹7 lakh.
The way forward:
To address the concerns of the protesters and ensure that the law is fair and effective, it is crucial to revise and harmonise the clauses of the BNS. The liability of different people operating in different areas needs to be mitigated, and the acts of careless driving and negligent driving need to be separated and assigned different degrees of liability. This will allow for graduated liability and appropriate punishment and ensure that not all incidents are lumped together, which is detrimental to those involved.
Conclusion:
The protests against India’s new hit-and-run law highlight the need for a balanced approach to tackle the rising number of road accidents and fatalities in the country. While the law aims to discourage rash and negligent driving and impose moral responsibility on offenders, it is crucial to address the concerns of protesters and ensure that the law is fair and effective. By revising the clauses of the BNS and introducing graded liability and appropriate punishment, India can create a fairer and more effective legal framework to combat hit-and-run incidents.
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