Truck Driver Illegally Detained By Police: Patna High Court Asks Govt To Give 5L Compensation For Violation Of Fundamental Right

The Patna High Court on Tuesday awarded Rs. 5,00,000/- as compensation to a truck driver who was illegally detained and kept in custody for over 35 days by the Patna Police. A Bench of Chief Justice Sanjay Karol and Justice S. Kumar observed that the Police authorities in this case had acted in clear violation of the procedure established by law, inasmuch as the vehicle and the detenue were detained and kept in police custody for more than 35 days, without either filing of FIR or following any other procedure of arrest prescribed in law, ensuring constitutional protections to all persons.It thus held that the authorities had acted in direct violation of detenue's fundamental rights under Articles 21 and 22 of the Constitution and ordered,"The State of Bihar shall pay compensation to the detenue, namely, Mr. Jitendra Kumar @ Sanjay Kumar, an amount of Rs.5,00,000/- (Rupees Five lac) for the violation of his fundamental right under Article 21 of the Constitution of India. This amount shall positively be paid within a period of six weeks from today."The Court expressed that truck drivers in India are not only under an endless pressure to make their ends meet, but are also susceptible to be at odds with the law and other functionaries of the State. "Their life is defined by great hardship and sacrifice. They are under constant pressure to complete long journeys in short durations; operate under conditions of extreme lack of sleep; lack proper sanitation along highways and roads; have improper access to food and water, and have to spend most of their time away from their families. Along with these gruelling adversities, they are at constant odds with the police and State authorities, while trying to protect themselves from the continuous threat of highway robberies," it observed. It thus stated that there is an immediate need to improve the conditions of truck drivers in the State of Bihar as well as across the country, and issued a series of directions for protection and welfare of truck drivers, reproduced at the end of this report. Role & Problems of Truck Drivers The Bench observed that the extreme vulnerabilities faced by truck drivers in India often makes them prone to derelictions of the dark side of human civilization. It noted that whereas truck drivers act as the backbone of the national economy, they are amongst the most vulnerable sections of our society. The Bench remarked, "The backbone of the national economy is dependent upon the untiring and ever driving efforts and labour of the poor, mostly illiterate and the vulnerable. In the absence of the hard work and toil of truck drivers, economic activity throughout the country is bound to come to a standstill. Truck drivers are faced with a great deal of high stress and pressure as part of their job. The introduction of the additional hassle and trauma, perpetuated by the authorities, through the use of hostility and torture is akin to grave human injustice. Such practices are a clear violation of the human rights guaranteed to every citizen of the world." It observed that the government institutions must understand that in any democracy, the right to live with dignity and self-worth, cannot be defiled within the ambit of Rule of Law and good governance. The Court rooted for proper education for truck drivers and focus on their healthcare, as they are undeniably invaluable to the prosperity and development both of the State and the Nation. In this context, the Court has directed the State of Bihar to make efforts towards improving the conditions of the truck drivers and consider issues about their healthcare; access to food; working hours; payment of wages; literacy and access to technology. "The truck drivers face constant problems with the authorities during their course of travel. They have to cross several checkpoints while crossing states/UTs. The authorities can be particularly discriminatory at these checkpoints against the truck drivers. The lack of literacy among the truck drivers and significant disparity across state laws can be a huge barrier in their compelling journey. The drivers at the ground level are required to deal with the authorities, and lack of proper knowledge gives the latter enough leverage to harass and haggle these former while stopping the movement of trucks altogether. This unnecessary practise causes a tremendous amount of time lost to the National Economy as well as the Economy of the State. It is apparent that they are invaluable to the movement of the Economy and face widespread discrimination and constant hardships. The State ought to consider constituting a body to address these issues. There is an immediate need to address the human rights violations faced by them," the Bench emphasized. Background The petition was filed by the Truck owner, alleging that the Police illegally detained his vehicle (milk tanker) along with its...

Truck Driver Illegally Detained By Police: Patna High Court Asks Govt To Give 5L Compensation For Violation Of Fundamental Right

Akshita Saxena

"State must consider issues about truck drivers' healthcare; access to food; working hours; payment of wages; literacy and access to technology."

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