Transport workers urged to resume work; government says provisions of new law not implemented yet, assures of consultation
Jan 02, 2024
New Delhi [India], January 2 : The Government and the transporters have agreed that transport workers will resume their work immediately in the wake of protests in some parts of the country over a provision of the newly enacted Bharatiya Nyay Sanhita (BNS) and they appealed to truck drivers to resume work.
Union Home Secretary Ajay Bhalla said a discussion was held with All India Motor Transport Congress representatives and the new rules pertaining to hit-and-run cases under the recently enacted Bharatiya Nyay Sanhita (BNS) have not been implemented yet.
"We had discussion with All India Motor Transport Congress representatives, govt want to say that the new rule has not been implemented yet, we all want to say that before implementing Bharatiya Nyaya Sanhita 106 (2), we will have a discussion with All India Motor Transport Congress representatives and then only we will take a decision," he said.
The Home Ministry said in a release that the Centre has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine, under Section 106 (2) of the Bharatiya Nyay Sanhita and held detailed discussion with the representatives of the All India Motor Transport Congress today.
"The government wants to point out that these new laws and provisions have not yet come into force. We would also like to point out that the decision to invoke Section 106 (2) of the Bharatiya Nyay Sanhita will be taken only after consultation with the All India Motor Transport Congress. We appeal to All India Motor Transport Congress and all the drivers to return to their respective jobs," the release said.
President of All India Motor Transport Congress Amrit Lal Madan told the media that the Centre has kept the provisions under the new law "on hold".
"You are not just our drivers you are our soldiers...We do not want you to face any inconvenience...Union Home Minister Amit Shah has kept the ten years of punishment and fine that was imposed, on hold. Until the next meeting of the All India Motor Transport Congress is held no laws will be imposed," he said.
Under the Bharatiya Nyay Sanhita (BNS), which replaced the colonial-era Indian Penal Code, drivers who cause a serious road accident by negligent driving and run away without informing the police or any official from the administration can face punishment of up to 10 years and a fine of Rs 7 lakh.
Many transporters and farmer organisations have criticised the new law and demanded its immediate repeal.
Previously, individuals accused in hit-and-run cases were tried under Section 304A of the Indian Penal Code, facing penalties of up to two years in jail upon identification.
Bharatiya Nyay Sanhita has established two distinct categories under the umbrella of "causing death by negligence."
Private transport operators claim the new law discourages drivers and may lead to unjust punishments. They claim that the drivers could be subject to mob violence when they attempt to transport the injured to hospitals and demand the repeal of the law.
On the protest by transport associations and drivers against the new law on hit-and-run cases, All India Motor & Goods Transport Association President, Rajendra Kapoor said "Our only demand from the government is that the decision should have been taken after having consultations with our stakeholders. There was no discussion with anyone on this, and no one was asked about it. There should have been prior meetings and consultations."
"The protest has been announced by the members of the All India Motor & Goods Transport Association. There should be a discussion on this issue. A misleading situation has been created now. People are not completely aware of the new law," Kapoor added.
People faced long queues at fuel stations in areas of Madhya Pradesh on Tuesday as transport associations and drivers staged a protest against the new hit-and-run law.
There was an impact of the driver's strike at various fuel pumps in the state capital Bhopal besides Indore and some other places.
People came to fuel stations apprehending a shortage in fuel supply. There were queues at petrol pumps since morning.
In Chandigarh, temporary restrictions have been imposed on the sale of petrol and diesel in the wake of a strike by drivers of fuel tankers against the provisions in the new law.
While two-wheelers are limited to a maximum of two litres (maximum value of Rs 200), four-wheelers are limited to 5 litres (maximum value of Rs 500) of fuel per transaction, a press release from the Department of Public Relations, Chandigarh Administration, said.
The release said that the imposed limitations are a proactive measure to ensure the availability of fuel for all during this period of temporary disruption of fuel supply.
The order urged fuel station operators to comply with these regulations, and consumers have been requested to cooperate with the imposed restrictions.
The District Magistrate emphasized that the measure is a precautionary step to manage the current situation until normalcy is restored.
The release said that efforts are on to resume the supply of fuel to the Union Territory of Chandigarh in coordination with the Oil Marketing Companies and states of Punjab and Haryana.
The Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023 were passed in the winter session of Parliament to replace the IPC, CrPC and Evidence Act.