At the end of 2023, the Indian government passed a new Criminal Code (Bharatiya Nyaya Sanhita, BNS), which is undemocratic and authoritarian. One clause – 106(2), the ‘Hit and Run Law’ – calls for up to ten years imprisonment and heavy fines for drivers who are involved in fatal accidents and do not report them immediately.
The ‘Hit and Run Law’ does not recognise the main causes of India’s high road fatality rates; over laden vehicles, poor infrastructure and old vehicles, pressure from shippers and transport companies on drivers, poor pay and incentive-based pay systems, long hours, unsafe conditions, and the overall informality of the sector. There is also a lack of safe reporting mechanisms for drivers involved in often unavoidable crashes.
Indian road trade unions have criticised the government for trying to appear as if it is responding to the problem of road deaths, while in fact avoiding its responsibility to protect the public, passengers and other road users.
Road transport trade unions have won once when the implementation of the ‘Hit and Run Law’ was put on hold when the rest of BNS came into effect in July. However, trade unions fear it will be implemented once public attention dies down, while the root causes of poor working conditions and road accidents go unaddressed.
Please join Indian road transport unions in calling on the Indian government to fully repeal the ‘Hit and Run Law’ and take responsibility for decent work and road safety by working with trade unions to improve pay, conditions and standards across the road transport industry.
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Out petition to Shri Amit Shah, Indian Minister of Home Affairs, Shri Nitin Gadkari, Indian Minister of Road Transport and Highways, and Shri Mansukh L. Mandaviya.
The international community is gravely concerned with the state of the road transport industry in India and the high level of road fatalities, which topped 171,000 deaths in 2022. We are also concerned that the general informality of the road transport industry and poor pay and working conditions, along with the poor state of roads and vehicles, make it impossible commercial vehicle drivers to work safely, putting their lives and the lives of the travelling public at risk.
We are aware that your government has made an appearance of addressing these problems through inclusion of a ‘Hit and Run Law’ (BNS 106(2)) within the new penal code, Bharatiya Nyaya Sanhita (BNS). This provision puts heavy penalties on drivers who do immediately report fatal crashes they are involved in, despite the unavoidable nature of many of these accidents and the lack of safe reporting channels. While the implementation of this provision is currently on hold, we are aware it could be enacted at any time.
We stress to you that this law will in no way solve the structural problems in the road transport industry that result in high road fatality rates. Instead, it will only contribute to India’s driver shortages.
Indeed, new research by the ITF finds Indian truck driver work as many as 16 to 20 hours a day, with little time for sleep or rest, and yet are paid as low as EUR 96 per month. They lack access to rest and sanitation facilities and are often provided with no formal employment contracts, while facing extreme pressure from shippers and transport. This means drivers are forced on the roads in a state of fatigue and stress. They say should BNS 106(2) be implemented the added pressure will make them will quit their jobs and leave the industry altogether.
The ILO Guidelines on the Promotion of Decent Work and Road Safety in the Transport Sector make clear that governments and industry stakeholders have a responsibility to “protect the public, passenger, and other road users against preventable crashes and dangers, including those resulting from decent work deficits of commercial vehicle drivers.”
We call on your government to live up to this responsibility by fully repealing BNS 106(2) and meeting with trade unions to develop a plan for addressing the structural safety risks in the road transport industry. This plan should include introduction of a system to set and enforce fair standards for pay, working time and contract provision, robust inspection and audit machinery, and investment in road infrastructure, fleet renewal, safe and secure rest and sanitation facilities.