In a brewing controversy, truck drivers nationwide have expressed vehement opposition to Section 106 (2) of the recently enacted Bharatiya Nyaya Sanhita (BNS), describing it as “kaala kanoon” or a black law. The provision, imposing severe penalties for offenses in hit-and-run cases, prompted a strike as drivers demanded its repeal.
Introduced by the Narendra Modi government as a replacement for the colonial-era Indian Penal Code (IPC), the BNS passed during the winter session of Parliament with minimal discussion. The legislative move followed the suspension of 144 Members of Parliament from various opposition parties during protests over the Union home minister Amit Shah’s silence on a security breach in the Lok Sabha.
The BNS establishes legal culpability for drivers involved in cases of non-homicidal deaths caused by rash and negligent driving. Notably, it prescribes a 10-year imprisonment or a fine of Rs 7 lakh for offenders who flee the accident scene without reporting to designated authorities. This penalty surpasses the two-year imprisonment stipulated in the IPC, leading to widespread discontent among truck drivers who initiated a nationwide strike, disrupting the supply chain.
Recognizing the gravity of the situation, the Union home secretary engaged in discussions with striking drivers and issued a statement on January 2. Acknowledging concerns about the stringent penalty under Section 106 (2) of BNS, the statement clarified that the new provisions were not yet in force. The decision to invoke this section, it asserted, would only occur after consultation with the All India Motor Transport Congress.
This revelation underscores a critical flaw in the legislative process, as the Modi government failed to follow a deliberative and consultative approach before enacting the law. The absence of engagement with stakeholders, such as driver associations, prior to legislation passage reflects a departure from the government’s proclaimed commitment to “minimum government and maximum governance.”
The haste in passing bills without referring them to department-related Parliamentary Standing Committees for scrutiny diminishes the role of deliberation and consultation in shaping laws. The BNS, a significant alteration to the criminal code, received only two hours of discussion in Parliament, highlighting the inadequacy of the legislative process.
This approach, reminiscent of the controversial farm laws enacted in 2020 without consulting farmers, reveals a flawed method of lawmaking. The subsequent repeal of the farm laws and the recent announcement from the Union home ministry that the stringent punishment section of BNS for drivers would not be implemented without consultation further emphasize the need for a more deliberative and consultative legislative process.
In reflecting on this, Mahatma Gandhi’s cautionary words from January 16, 1948, echo, emphasizing the importance of a representative Cabinet that avoids hasty decisions and upholds sanity in the face of public sentiment. The restoration of a deliberative and consultative process, Gandhi suggested, is crucial to preventing a potential wreck of the ship of State.