DOGRA HERALD BUREAU
JAMMU, Jan 3
Vilakshan Singh, President of the Jammu and Kashmir National Panthers Party, vehemently denounces the recent legislative enactment that mandates a punitive 10-year imprisonment for drivers in hit and run cases. This harsh and disproportionate measure serves as an oppressive imposition on drivers and exacerbates an already overburdened legal system.
The imposition of such an extreme penalty for drivers is a clear departure from the principles of fair justice and proportionality. It not only disproportionately penalizes individuals but also stands as a grave concern for the entire community relying on transportation services for their livelihoods.
Singh said that the provisions of Section 106 of the Bhartiya Nayaya Sanhita 2023 instead of doing “Nayaya” are doing “Unyaya” with the drivers. He said that provisions of Section 106 are clearly indicative of the fact that the present government is pro-rich and anti-poor. Under section 106 if a Doctor causes death by negligence he can be sentenced for a maximum of two years but if a driver causes death by negligence, he can be imprisoned for 10 years. Singh questioned how for the same offence a doctor and a driver can be treated differently. Singh termed the provisions of Section 106 as arbitrary, unjust and illegal. Singh said that Bhartiya Nayaya Sanhita 2023 prescribes lesser punishment for offences more serious than causing death by negligence.
Singh asserts that while road safety and responsible driving are of paramount importance, imposing a blanket 10-year sentence is unduly severe. Such punitive measures not only instill fear among drivers but also undermine the spirit of justice by disregarding the principle of proportionality in sentencing.
Vilakshan Singh calls upon the government to reconsider this draconian law and suggests that a more balanced and nuanced approach is needed. Enhancing road safety and responsible driving can be better achieved through comprehensive measures that involve education, awareness campaigns, and improvements in infrastructure, rather than excessively punitive legislation.
The Jammu and Kashmir National Panthers Party underlines the importance of revisiting the law to ensure that justice is fair, proportional, and in line with the fundamental principles of law and order. Singh urges the government to engage in dialogue with stakeholders to find a solution that prioritizes road safety while also safeguarding the rights of drivers and ensuring a fair and just legal system. He demanded that section 106 should be amended immediately.
