Centre of Indian Trade Union (CITU), the labour wing of the CPM, might have forced the government to form a committee to review implementation of Section 304 of IPC against bus drivers, but statistics reveal that private buses claim maximum lives in road accidents.

According to Kolkata police records, 420 people died in road accidents in 2004, of which 149 people died in accidents caused by private buses and minibus. In 2005, the number was 149 out of a total of 484 people and in 2006, the count was 139 people among a total fatalities of 476.

“Earlier, we used to book guilty drivers under Section 304 A, a bailable offence. But now, in cases of gross and wanton recklessness we will book them under a non-bailable offence of Section 304,” said K Harirajan, Joint Commissioner (traffic) of Kolkata police.

He added, “We cannot let such drivers get bail easily and take to the wheels again. We are setting up a database of habitual offenders and will book them under non-bailable sections,” Harirajan added.

The city, however, remained paralysed on Wednesday following the CITU-backed West Bengal Transport Federation (WBTF) 24-hour strike in protest against the arrest of bus drivers under Section 304.

Subsequently, state Home Secretary Ashok Mohan Chakrabarty announced the formation of a seven-member committee to review the implementation of Section 304. After a meeting with CITU leaders at Writers’ Buildings on Wednesday, he said, “I am confident that the issue will be resolved soon.”

Though the WBTF withdrew the strike after talks with the home secretary, commuters continued to face a tough time, as drivers and conductors belonged to the WBTF.

Nearly 2,500 minibuses and over 9,000 private buses in Kolkata and around 35,000 buses in the state were off the roads, except those owned by the state transport department and school buses.

WBTF member Subhas Mukherjee said: “We are satisfied with the meeting and have decided to call off the strike. There are a lot of factors responsible in an accident and the diver alone cannot be held responsible. The decision to book the drivers under non-bailable sections is wrong. We will continue to protest against it.”

Swarnakamal Saha, president of Bengal Bus Syndicate, a bus owners’ association, said they have incurred a huge loss due to the strike. “We had to lend our moral support for the strike as it was not possible for us to run buses without drivers and conductors,” he said.

Section 304. culpable homicide not amounting to murder

Non-bailable offence

Whoever commits culpable homicide not amounting to murder shall be punished with life imprisonment and shall also be liable to fine if the act is committed with the intention of causing death, or of causing such bodily injury as is likely to cause death

Or with imprisonment up to ten years, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause deathSection 304A. Causing death by negligence.

Bailable offence and accused drivers get immediate bail from court.

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment up to two years, or with fine, or with both.