The All India Motor Transport Congress (AIMTC), the apex body which claims to represent the trucking industry in the country has written a letter to the Prime Minister Narendra Modi and Home Minister Amit Shah to relook at the proposed Legislation on Hit-and-Run Cases under the Bharatiya Nyaya Sanhita, 2023.
The transport body states that the proposed law being introduced without any consultation with stakeholders, especially representatives from the transport sector. This oversight is very critical, as the lack of input from those directly affected may result in unintended consequences during implementation.
While it acknowledges and appreciates the intent behind the scheme, its apprehension lies on the fact that there is “utter lack of Accident Investigation Protocol in the country”. As the proposed law does not outline a comprehensive investigation protocol for hit-and-run cases, it calls for clarity on determining culpability, especially in situations where a vehicle is struck from behind or the fault lies with the driver of the smaller vehicle. “Without a proper investigation, unjust accusations against certain vehicles may prevail.”
AIMTC states that at present, an unsaid rule of blaming the larger vehicles is blindly followed in the country, without considering scenarios of who is at fault. A fair investigation into the causes of accidents, rather than automatic blame on heavy vehicles, is crucial for justice.
It says that in many hit-and-run cases, the “driver does not flee with the intention of evading responsibility for the accident, but to safeguard their life from the potential threat posed by an angry mob and local residents.”
The lack of security on the road compels them to take such measures. It is noteworthy that, in numerous instances, the driver willingly surrenders to the police and undergoes the necessary court proceedings in accordance with the law.
The letter states that “the transport fraternity is deeply concerned that the enforcement of such a draconian law without addressing these issues may lead to a sudden disruption in the supply chains across the country. The transport industry is a linchpin in the economic machinery, and any disruption could have severe consequences. The proposed legislation is against the transport sector of India and is causing a strong wave of unrest among the truck drivers community across the country and they are leaving their jobs as such.”
The transport body has asked the government to take a collaborative and balanced approach, which it says is essential to ensure that justice is served without adversely affecting an industry already facing challenges.