Legal Circles- 07-01-2024

The one day flash strike by the lorry drivers across the country against the proposed enhanced punishment for the offence of hit-and-run in the new Bharatiya Nyay Sanhita, the law passed by the parliament and assented by the President of India recently, speaks volumes for the muscle power of mobs.

The manner in which the striking lorry drivers acted leaving the minimum standard of decency and civilian behaviour during the strike day, hangs our head in shame. On that fateful day, scores of vehicles were burnt, roads blocked and those not supporting the strike were abused and assaulted by the ' poor ' drivers! The call to go on the indefinite strike was given by the All India Motor Transport Association. This Association has the lorry owners, and not the lorry drivers, as its members. Instead of supporting the new provision in the law making stringent punishment of 10 years imprisonment and fine up to Rs.7 lakh for the proven offence of hit -and- run, this Association not only instigated the drivers who are usually their employees and provided complete logistic support to them.

The Central government , caught in a situation of catch two, immediately understood the greater plan of the striking drivers and their Aaka, the powerful lobby of lorry owners and went in to huddle till the midnight. Finally, Transport Ministry and the spokesman of the All India Motor Transport Association emerged before media and announced that the issue has been resolved amicably! In other words, the law which has been passed by both Houses of the parliament and got assent of the President of India, will now be amended with a diluted quantum of punishment for the offence of hit-and-run! Is this not an insult to the collective wisdom of the parliament?

Even on merits, the stringent punishment for this offence is the need of the hour. In our country, annually over 5 lakh cases of road accident recorded. Of these, almost 1.5 prove fatal. This number has been increasing year after year; and this is the cause of worry.

No doubt, the lorry drivers are generally poor. Most of them are suffering from multiple health related issues, their eyesights are poor and many are alcoholic. Besides, long working hours, lack of rest and sleep, total absence of basic amenities and family problems take the toll of their efficiency. The frightening number of road accidents has a direct correlation to these issues.

Therefore, to say that because drivers are poor, stringent punishment should not be provided in law is nothing but over simplifying the complex issue of the hit -and-run offence. In fact, drivers are at the receiving end and not the cause of problem directly. The issue, needs to be addressed in a larger perspective. First, the roads. Luckily, now the road management has been given priority by the government. Second, trucks and other vehicles. The manufacturers must incorporate new safety features and keep pace with the latest technological developments. Third, the governments, both Central as well as the States. The pay structure and amenities, working hours, regular health check-ups and retiral benefits must be provided for drivers. Last but not the least, the employers should accept their share of responsibility to offer facilities and conducive work environment to drivers. The road safety awareness programs for the general public and school children specially would go a long way to reduce the road accidents.

Without these remedial measures, just to water down the severity of punishment will be like giving a licence to the erring, careless drivers to kill the innocent people on roads.

* ÀDANI GETS RELIEF FROM SC

The Gautam Adani group got relief from the Supreme Court on January 3 in the Hindenburg case. The apex court declined a prayer to entrust probe into the allegations made by the Hindenburg to a Special Investigation Team (SIT) instead of SEBI which is at present, in the midst of such probe.

Earlier, the US based research entity,Hindenburg had in its research report alleged manipulation in share prices by the Adani group.

Following the allegations by Hindenburg, the share price of Adani group had crashed drastically resulting in the considerable decline in the net worth of Adani. The court asked the regularatory body, Securities Exchange Board of India (SEBI) to expedite its investigation in the matter.

* TS GOVT ALLOTS LAND FOR NEW HC BUILDING

The Telangana government has issued a G.O No.55 alloting 100 acres of land near Budwel, Rajendra Nagar in the vicinity of Hyderabad City for the construction of a new building for the High Court.

Chief Justice Alok Aradhye along with other officials visited the site. The need to have a new building for the High Court was felt as the present Nizam era building has become quite old.

Some groups of Advocates, however, are not happy with the way in which the issue of land allotment has been handled without taking the lawyers' body in confidence.

* KERALA HC ON DOWRY HARASSMENT

Justice Johnson John of the Kerala High Court has in a judgement delivered on January 4 ruled that every harrasment does not attract the Section 498-A of the Indian Penal Code. Small sqirmishes in a family are of general nature and they cannot be considered as harassment under the said criminal section.

Dealing with a case entitled, Sreekumar Vs. State of Kerala the court held that the harassment in order to attract the vigours of Section 498-A of IPC must be of such a gravity that as a result of which the victim should be inflict severe injuries to herself or driven to commit suicide.