The Truck Drivers Strike and Their Victory

What comes to your mind when you hear or read somewhere the word ‘truck driver’? Nobody would have ever thought about it, and if there are a few, then their number is negligible, but the recent pan-India truck drivers strike, and their victory have shown society who they are and what is their value and importance in our lives. The hindrance in the availability of Petrol, diesel, CNG, Vegetables and other essential commodities is self-explanatory: who is a truck driver, and what is their role? This article will be a bit lengthy because, along with the legal analysis, we should also talk about the truck drivers, their identity, their work, their importance and their role including law.

Who is a Truck Driver?

Now firstly ask yourself how will you define a truck driver. In my opinion, a truck driver is a person who picks up the goods and materials and thereafter delivers the same as per the instructions. They just simply load, transport and unload. They do not get recognition as a professional in society because of the nature of their work but if someone is a driver (Pilot) of an aeroplane then he is well respected in society. We should consider them as a professional who delivers the things that are of prime importance to us people. They not only transport the goods but they transport the goods and materials safely. It would not be wrong to refer them as the backbone of our transport system.

Role of Truck Drivers-

What do I say of somebody else, since before this strike I did not ever think that I would ever even think about the truck driver. But the recent strike in the first week of January 2024 has fetched our minds because this strike nearly stopped the country. They are the people who deliver essential services like medicine, medical equipment, surgical goods, vegetables, food grains and other edible materials and all other things that we have around us like textiles, furniture etc. The e-commerce websites which we use on a daily basis for our needs also deliver goods through trucks.

The Truck Drivers Strike- 2024

The torchbearer of strike-

The All India Motor Transport Congress (AIMTC) called for a three-day strike by truck drivers throughout India for the protection of the interests of truck drivers of this country. It is an apex body of transporters both cargo and passengers which represents around 95 lacs of truckers and 50 lacs bus & tourist operators. It is a non-political, not-for-profit organisation in the past 86 years (since 1936). It maintains a continuing liaison with the Governments, both at the centre and states, canvassing for the development of road networks and other infrastructure facilities.

Reason for strike-

The strike was called on because of Section 106(2) of the new code which is about to replace the British Period’s Indian Penal Code 1860, the Bhartiya Nyay Samhita (BNS). Subsection 2 of section 106 of Bhartiya Nyay Samhita provides about punishment for causing the death of any person by rash and negligent driving of a vehicle and he escapes without informing any Police officer or Magistrate shall be punished with up to ten years of imprisonment and as well as fine also. If we have a look at the continuing provision which is under Section 304A which provides about up to two years of punishment with or without fine. Now, this sudden increase in punishment has deterred the truckers because of the nature of their work. They are prone to meet with accidents although the reason may be anything. This absolutely created anger amongst the truckers.

Demands-

There was only one demand from the government that Section 106(2) Bhartiya Nyay Samhita should be looked into and needs to be repealed otherwise it will become a weapon to harass the truckers.

Amrit Lal Madan, President of the All India Motor Transport Congress (AIMTC) while addressing the reporters has said that the government must withdraw the provision relating to hit-and-run cases in Bhartiya Nyay Sanhita.

Also read- 1. The Brij Lal Committee Report-2023

2. Acquittal of one and conviction of the other is not permissible if the evidence is similar- Supreme Court

3. Fundamental Duties under the Indian Constitution – In depth analysis

4. Preliminary investigation shall be necessary before lodging FIR – CM Yogi, DGP passed the order

The Law

Section 106- Causing Death by Negligence- 106. (1) Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such acts done by a registered medical practitioner while performing a medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Explanation— For the purposes of this subsection, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.

In simple words, section 106(2) of Bhartiya Nyay Sanhita may be explained as any person who caused the death of any person by driving a vehicle negligently and soon after the incident does not report to the police officer or magistrate and escapes then such person shall be punished with imprisonment of either description (with simple imprisonment or rigorous imprisonment) for a term which may extend up to ten years and also the fine. This provision is nowadays very popularly referred as Hit and Run provision.

Now the issue that became a burning point in this that the increase in punishment from two years to ten years. It was a very big cause of concern for truckers, although this provision is not specific to truck drivers but shall apply to any person you, me, and every person who drives the vehicle. However, the voice against this provision has been raised by the All India Motor Transport Congress (AIMTC), which was the torch bearer in this nationwide strike.

Issues with the new provision-

• The provision has increased the quantum of punishment from two years to ten years of the maximum amount of imprisonment.
• The second issue with the applicability of this provision is that the law provides the giving of information soon after the incident to the police officer or magistrate, now here comes the issue of how many of the common people do have access to the magistrate. If it happens in the morning then there are chances that the magistrate can be informed through its office but if it happens on holidays or out of office hours then what is to be done?
• Can you imagine that any person who approaches to police saying that he met an accident and someone has died, what the police will do with that person? What about their safety?
• It will be a new and authentic weapon for police personnel to harass innocent common people with sanctions from the legislation.
• The government made the provision without proper research and case studies.

What does the Government say? –

General V.K. Singh (Rtd.), Minister of State for Road Transport and Highways said that- the Passengers should not face problems. The new law has been devised to help the passengers.  Earlier drivers used to run away, now a new law has been made to arrest the drivers and for the safety of passengers.

Impact of strike-

• As per Mr Amrit Lal Madan the President of AIMTC, nearly 60-70% of the trucks are not on the road due to the strike.
• The public transport stopped at too many places.
• The fuel supply got hit badly.
• Long waiting at the fuel pumps.
• Petrol pumps were out of fuel and CNG.
• Supply of Vegetables impacted.
• A lot of traffic jams because of trucks.

The Solution-

On the second day, the strike was called off after the late-evening meeting of Home Secretary Mr Ajay Bhalla along with the President of All India Motor Transport Congress (AIMTC) Mr. Amrit Lal Madan. Mr Madan was assured that no such law shall be implemented without consultation with the AIMTC. Thereafter, he confirmed that the strike was called off. Considering it to be a step towards their victory the truck drivers started transporting goods as usual.