Nationwide Transporter Strike Erupts Over Controversial Hit-and-Run Penalties in Bharatiya Nyaya Sanhita (BNS)
In a sweeping demonstration of discontent, transporters nationwide have initiated a month-long strike to protest the proposed penalties for hit-and-run cases outlined in the impending Bharatiya Nyaya Sanhita (BNS). The Union Home Ministry, in response to the ongoing strike, has convened discussions with representatives from the All India Motor Transport Congress to address the mounting concerns.
Strike Dynamics: Transporters Unite Against BNS
Organized by various bus and taxi unions, the strike, which commenced on January 1, is slated to continue until January 30. Central to the dissent is the objection to Section 106 of the BNS, designed to replace the existing Indian Penal Code. This section proposes a maximum jail term of ten years for individuals found guilty of rash and negligent driving leading to accidents.
Unjust Blame Game: Transporters Decry Disproportionate Accountability
Kultaran Singh Atwal, spokesperson for the All India Motor Transport Congress, has underscored the perceived injustice in the attribution of blame in accidents. He points out that heavy vehicle drivers often bear accountability, even when the fault lies with drivers of smaller vehicles. This skewed distribution of blame has resulted in instances of violence against drivers, including cases of lynching. Atwal argues that the lack of unified leadership within the drivers’ community has left them vulnerable, prompting this unified strike.
Nationwide Impact: Transporters’ Protest Sends Ripples Across States
The impact of the strike is palpable, significantly affecting northern states such as Uttar Pradesh, Punjab, Himachal Pradesh, Jammu and Kashmir, Haryana, and Madhya Pradesh. However, its repercussions extend beyond the northern regions, reaching states like West Bengal, Odisha, and the southern parts of the country.
Examining Section 106: BNS’ Controversial Hit-and-Run Penalties
At the heart of the transporters’ protest is the objection to Section 106 of the BNS, which mandates a maximum jail term of ten years for hit-and-run cases. A government source clarified that drivers reporting accidents promptly may face a reduced sentence of five years. The decision to increase the maximum jail term to ten years was influenced by observations made by the Supreme Court, according to another government official.
Mob Justice Fear: Transporters Raise Concerns over Safety
A major concern voiced by protesting transporters is the fear of mob justice. Individuals involved in accidents, even if not at fault, often fear remaining at the scene due to potential violence from bystanders. To address this, the government source suggests individuals involved in accidents should move away from the scene and promptly call the police, potentially resulting in a more lenient punishment.
BNS Sections 106(1) and 106(2): Distinctions in Penalties
Section 106(1) of the BNS outlines punishments ranging from zero to five years, while Section 106(2) provides for more severe penalties, ranging from zero to ten years, specifically for hit-and-run cases. The distinction lies in whether the accident is promptly reported, with Section 106(1) being bailable and Section 106(2) being non-bailable.
Seeking Resolution: Ongoing Talks Between Transporters and Union Home Ministry
In summary, the nationwide strike by transporters signifies a collective opposition to the proposed changes in hit-and-run penalties under the Bharatiya Nyaya Sanhita. Ongoing discussions between the transporters and the Union Home Ministry are expected to play a pivotal role in addressing these concerns and finding a resolution that balances the need for justice with the safety and rights of the drivers involved.
