GUWAHATI: In recent weeks, India has witnessed widespread protests and strikes, particularly in Guwahati, following the amendment of the Hit and Run Motor Vehicle Accident Law under the Motor Vehicle Act.
The amendment, as mentioned in the Bharatiya Nyay Sanhita which has replaced the Indian Penal Code (IPC), introduces stringent penalties for individuals involved in hit-and-run incidents, causing significant concerns and objections from drivers across the country.
Understanding the Old Law:
Before the amendment, Section 161 of the Motor Vehicle Act outlined special provisions for compensation in the case of hit-and-run accidents. The law defined "grievous hurt" and "hit and run motor accident" while mandating compensation for victims.
In the event of a hit-and-run incident, a fixed sum of ₹25,000 was stipulated for death and ₹12,500 for grievous hurt.
Section 163 established a scheme for the payment of compensation, administered by the General Insurance Corporation, with provisions for punishment in case of contravention.
The New Law:
The recently enacted Bharatiya Nyay Sanhita introduces significant changes to the Motor Vehicle Act, specifically addressing hit-and-run incidents.
The law establishes two categories under "causing death by negligence."
The first category deals with non-culpable homicide due to rash or negligent acts, imposing imprisonment for up to five years and a fine.
The second category focuses on rash and negligent driving not amounting to culpable homicide, prescribing imprisonment of up to 10 years and a fine.
The discontent among drivers, particularly truckers and bus operators, led to protests and strikes in Delhi and neighbouring areas.
The amendment, which includes a fine of ₹7 lakh and imprisonment of up to 10 years, drew strong opposition from various transport and farmer organisations.
The protesters demanded the immediate repeal of the law, citing its potential adverse impact on their livelihoods and expressing concerns about its implementation.
The protests prompted Union Home Secretary Ajay Bhalla to intervene, assuring that the implementation of the new penal provision related to hit-and-run cases would occur only after consulting with the All India Motor Transport Congress (AIMTC).
Bhalla urged the AIMTC and protesting drivers to resume work, emphasising that the new laws were not yet in effect. This statement led to the conclusion of the truckers' strike after two days of protests in Central India.
However, strikes have erupted in Guwahati from today and as per the earlier notification by the concerned associations, the strike is expected to be in effect for another 24 hours.
