Supreme Court Addresses Road Safety Issues

Supreme Court Directives on Road Safety (October 2023)

1. Judicial Rulings & Constitutional References:

   • The Supreme Court issued directives addressing the rising fatalities in road accidents, emphasizing the duty of National Highway Authority of India (NHAI) and state authorities in ensuring pedestrian safety.
   • Mandate for states to formulate rules under Section 138(1A) and Section 210-D of the Motor Vehicles Act (MV Act) to regulate non-mechanical vehicles and establish standards for road design and maintenance.

2. Statistical Data on Road Accidents:

   • 172,890 deaths reported in 2023 due to road accidents; 35,221 (20.4%) were pedestrians.
   • Increase in pedestrian deaths from 10.44% in 2016 to 20.4% in 2023.
   • 4,604 pedestrian fatalities in the top 50 cities, including major urban centers like Delhi, Mumbai, and Chennai.

3. Key Directives from the Supreme Court:

   • NHAI and state agencies to conduct audits of footpaths in 50 populous cities, focusing on high footfall areas.
   • Compliance with Indian Roads Congress (IRC) guidelines for pedestrian safety to be ensured, including specifications for footpaths and crossings (minimum footpath widths, anti-skid surfaces, and accessibility features).
   • Establishment of an online grievance redressal system for pedestrian-related issues, such as footpath encroachments and maintenance complaints.

4. Helmet Regulations:

   • Strict implementation of helmet laws for two-wheeler riders; use of electronic enforcement mechanisms (e.g., cameras).
   • Requirements for reporting penalties, fines, and enforcement measures to the Supreme Court.

5. Measures Against Wrong Lane Driving and Road Safety Enhancements:

   • Introduction of automated traffic control mechanisms (cameras, graduated fines).
   • Recommendations for physical road alterations to enhance visibility and safety (colored lane markings, rumble strips).
   • Setting maximum allowable brightness for vehicle headlights and strict enforcement against unauthorized lighting and horns.

6. Longitudinal Legislative Framework:

   • Court's historical perspective: Road safety recognized as a public health issue since 2014; multiple directives to ensure compliance, including the establishment of Road Safety Policies and Committees.
   • Establishment of trauma care centers and a cashless “Golden Hour” treatment scheme for accident victims.

7. Advocate Perspectives:

   • Piyush Tewari from SaveLIFE Foundation emphasized the need for comprehensive rules focusing not just on vehicle users but also on protecting pedestrians and cyclists.

This summary encapsulates the judicial actions, statistical insights, and future directives aiming to enhance road safety in India, particularly for vulnerable road users like pedestrians.