'The government never asked any transport association before making this law on hit and run cases.'
'MPs only clapped to Amit Shah's new law and never questioned him about this law.'
'Are these MPs not bothered about the lives of drivers?'
Truck drivers across India have declared a spontaneous strike to protest against the new criminal law (Bhartiya Nyaya Sanhita 2023) that was enacted by the Narendra Damodardas Modi government last month.
Under the Bharatiya Nyaya Sanhita, which replaces the Indian Penal Code, drivers who cause a serious road accident by negligent driving and flee the spot without informing the police or any official from the administration, can face up to 10 years imprisonment or a fine of Rs 7 lakh.
In the British-era IPC the punishment in such cases was two years.
The truckers' strike has led to fears of fuel shortage and people have been lining up at petrol pumps across the country with many even reporting that they have run out of fuel. The impact of the strike on food items in an election year cannot be underestimated.
"Driving accident cases under the new law have become like a crime under section 302 of the IPC. Accident cases are equivalent to murder cases under the new law," C L Mukati, chairman, All India Motor Transport Congress, tells Syed Firdaus Ashraf/Rediff.com.
What is your problem with the new law?
This is not a problem for truck drivers alone, but a problem for every Indian citizen who drives a vehicle. Since truck drivers are on the road driving for 24 hours they have started this agitation against the new law.
Our problem is with section 104 of the new law which talks about hit and run cases, for which the punishment is 10 years and a Rs 7 lakh fine. The thinking behind this law from the government side is that the number of accident cases will reduce, but we think this is not the solution to solve the problem of accidents.
There was Section 302 in the IPC (murder) for which you could be sentenced to death, but that did not stop murders.
We feel if the government wants to stop accident cases they must increase awareness among the people.
They must stop cattle and dogs roaming freely on roads causing accidents.
They must have pothole-free roads to prevent accidents.
They must be stringent in giving driving licences as you know in our country people get a driving licence first and only later they learn driving.
So what are you proposing to the government?
We are telling the government that from Class 8 every student must be taught transport as a subject. So by the time he turns 18 s/he will be fully aware about driving laws, and only then to give them driving licence.
The government must increase awareness of black spots on roads where accidents occur.
Hit and run cases are 0.1 percent.
I can understand if the government made this new law for drink and drive cases, but they have made it a general law.
If a young boy driving a car hits someone on the road he will surely not stop to see what has happened to the victim because if he does, people will lynch him. This is the tendency of the Indian public and this happens more so in case of truck drivers if they hit someone.
If a truck driver gets down to check on an accident victim, he will surely be lynched by the public.
But this is the precise reason why you need a law because a truck driver cannot just hit a person and run away. He has to stop and ensure that the accident victim is taken to hospital on time, ensuring that a life is saved.
Have you ever seen a live accident? If yes, you must have noticed how the public beats up the driver when they see an accident, and this is especially true in the case of truck drivers. A man is dead on the road and the public is busy lynching the driver.
Right now, it is not that truck drivers run away. They go to the nearest police station to inform about the accident. It is just that the police does not investigate the case.
Whenever a truck is involved in an accident the police automatically assumes it is the truck driver who is at fault. This is the mentality in our country.
The police will never look into whether the smaller vehicle was coming from the wrong side leading to the accident, but instead blame the truck driver for the accident.
Truck drivers are well trained and never do rough driving. It is the two-wheeler and four-wheeler owners who drive recklessly on highways rather than truck drivers.
The truck driver has become a truck driver because he is not getting any other job. And already our country is facing a shortage of truck drivers because nobody wants to do this job.
Why?
Today the government has given a lot of freebies to people, so why would anyone want to become a truck driver? Foodgrain is available for one rupee, so who would want to become a truck driver, which is such a difficult job.
There is 30 percent shortage of truck drivers in India. There are so many commercial heavy vehicles that are idle because there are no drivers for them.
Why don't people want to become truck drivers?
It is because truck drivers live a life of zillat (insults). The policeman harasses truck drivers across the country. Be it the traffic police or state police.
Truck drivers don't get a life of dignity in India.
But this new law is for every Indian, not truck drivers alone. So why are you protesting?
You just imagine if you are involved in a car accident, then you will be sent to jail for 10 years. Your family is destroyed and whatever business or service you are in is over for life.
And if an 18-year-old boy is involved in an accident then his career is finished. If he aspired to be an IAS or IPS officer he will never be able to achieve his dream because of one accident.
But you do get bail if you are involved in a car accident.
In the Indian Penal Code, the driver would get bail in the police station and it was only later on that the case was fought in courts.
But now, according to the new law, the car driver will not get bail from the police station, but from the courts. And it is up to the courts whether you get bail or not because they would check the station diary (police record) and only then decide on bail.
Driving accident cases under the new law have become like a crime under section 302 of the IPC. Accident cases are equivalent to murder cases under the new law.
Are you implying that murdering someone and killing someone in a road accident fall under the same category?
Yes, it is almost the same.
But the government must have thought it through before coming up with this new law?
Nobody objected to the new laws in Parliament. The government never asked any transport association before making this law on hit and run cases. MPs only clapped to Amit Shah's new law and never questioned him about this law.
It is only now that people are asking why no questions were raised when such laws were passed in Parliament.
Are these MPs not bothered about the lives of drivers? Don't they feel he could be a victim of this new law?
Did any government officials meet you to discuss the law on hit and run cases?
Nobody came and asked our opinion. We only came to know now when these laws have been passed in Parliament. We didn't protest initially, but it was only truck drivers who came on the roads to protest, so our organisation joined them in their protest.
How long will the strike go on?
The truck drivers' strike is going on without a leader. Social media is the leader of the truck drivers' strike.
So your association is not involved in this strike?
We supported them today (January 2, 2024), but the truck drivers started their strike much earlier.
Our truck drivers are on strike, how can you not expect owners to not support them against this unjust law?
The truck drivers have parked our trucks at different parts of the country and went on strike. They cannot express or write their feelings against these new laws so the onus is on us, the truck owners, who have to bring out their feelings to the public.
In Maharashtra there is talk the government will get tough and implement the Essential Service Maintenance Act (ESMA). Is it so?
Who will they charge under ESMA? Truck owners? Who will drive the trucks if my drivers have gone? How can I drive 10 trucks of mine at a time? Do I have a heavy vehicle licence as an owner?
Is there any meeting scheduled with the government?
Right now, we (truck owners) are meeting at the all-India level. We do not want the public to suffer because of the truck strike. We are telling our drivers not to park the trucks at any location that will cause inconvenience to the public. They can protest peacefully.
But people are not getting essential commodities because of this sudden strike.
The government is responsible for the truck strike. They should think about the food and fuel shortage. It is their duty. They must meet us and resolve the issue. And rather than talking to us they are thinking of acting against us by arresting us under ESMA. It is a one-way discussion from the government.
Because there was violence in Maharashtra by truck drivers.
It is wrong. We condemned the violence. We are telling the truck drivers to keep their movement peaceful. Nobody benefits from broken properties.
