Context:  Truck drivers across multiple states in India have declared a month-long strike starting from January 1, protesting against stricter punishment for hit-and-run cases under the newly enacted Bharatiya Nyaya Sanhita (BNS) of 2023. 

• The strike has led to road blockades and demonstrations, raising concerns about potential fuel shortages. 

• The focal point of the agitation is Section 106 of the BNS, which prescribes severe penalties for causing death due to rash or negligent driving.

Issues

Hit-and-Run Clause in BNS

• Section 106 (1): Imposes imprisonment of up to five years for causing death by a rash or negligent act.

• Section 106 (2): Specifies imprisonment of up to ten years for causing death by rash and negligent driving, coupled with escaping without reporting the incident promptly.

Comparison with Existing Laws

• BNS replaces Section 304A of the Indian Penal Code (IPC), where the punishment for causing death by negligence is two years imprisonment or a fine, or both.

• BNS lacks the relief provision in Section 134 of the Motor Vehicles Act, 1988, which mandates drivers to secure medical attention for the injured person in case of an accident.

Truck Driver Grievances

• Lack of consultation with truckers before implementing the new law.

• Steep penalties of imprisonment and fines deemed unaffordable by drivers earning modest monthly incomes.

• The absence of a detailed accident investigation protocol, leading to prejudiced judgments against truck drivers.

GoI’s response to the strike

• GoI promised that the law wouldn’t be implemented yet, and any decision to invoke Section 106 (2) of the BNS would be taken after consulting the transporters’ union. 

• But truck driver’s associations in several states continue to hold demonstrations through roadblocks and have threatened to further intensify their protest in the coming days if the government fails to withdraw the penalties.

Points made by truckers

• Drivers earn only Rs 10,000 to Rs 15,000 per month.

• New law fails to provide a detailed accident investigation protocol in the country, in the absence of which drivers of heavy vehicles will continue to be deemed guilty even before an investigation is conducted.

• There is a need for better enforcement of traffic violations such as overloading of trucks and a check on the movement of tractor-trolleys on roads which is prohibited, and implementing the permissible working hours laid down under the Motor Transport Workers’ Act, 1961 which caps it at eight hours.

Road accidents data

• A total number of 4,61,312 road accidents were reported across the country in the calendar year 2022, claiming 1,68,491 lives. Of these, 56% of accidents and 60.5% of fatalities occurred on National and State Highways.

• Trucks accounted for 9% of total accident deaths and buses 3.5%. Hit-and-run cases were 18.1% of total accident deaths.

Significance of road transport in India

• Contribution to GDP: Road transport contributes 3.6% to India’s GDP, with buses handling 85% of passenger traffic and trucks about 70% of freight movement.

• Increased Dependence: The sector’s importance has grown with the development of more highways and expressways.

• Essential for Perishables: Trucks play a crucial role in transporting perishables, with price increases observed in some products within two days of the strike.

Truck drivers’ shortage in India

• Trucks-to-Driver Ratio Decline: From a 1:1.3 trucks-to-driver ratio in the late 1980s and early 1990s, the ratio has dropped to 1:0.65, leading to about 25-28% of trucks being idle at any time.

• High Attrition Rate: Approximately 60% of truck drivers leave the industry within 15 years, exacerbating the shortage.

• Stagnant Wages: Despite the demand-supply mismatch, truckers’ salaries have not increased significantly, with driving cabs and taxis in cities offering better pay.

Key Suggestions

• Consultation and Inclusion: Truckers demand active involvement in the lawmaking process and assert that their perspectives should be considered.

• Enforcement Improvement: Calls for better enforcement of traffic regulations, addressing overloading, and monitoring tractor-trolley movement.

• Working Hours Regulation: Advocacy for implementing the permissible working hours stipulated by the Motor Transport Workers’ Act, 1961.

• Accident Investigation Protocol: A comprehensive accident investigation protocol is needed to ensure fair judgments.

Conclusion

• The ongoing strike by truck drivers underscores the necessity for a balanced approach to legislation, considering the economic realities of the drivers. Addressing concerns related to penalties, enforcement, and working conditions is crucial for fostering a constructive dialogue and ensuring the welfare of all stakeholders in the transportation sector.