Right to Safe Travel on Highways: SC Elevates Road Safety to Article 21
Constitutionalizing Road Safety: Supreme Court’s Landmark Ruling
In a major expansion of fundamental rights, the Supreme Court of India has ruled that the right to safe travel on National Highways is an integral part of the Right to Life under Article 21 of the Constitution. The court emphasized that ensuring road safety is a non-negotiable constitutional duty of the State, moving beyond its traditional view as a mere administrative or regulatory issue.
The Grim Statistics of Indian Highways
The Bench highlighted a startling disparity in India's road network infrastructure versus safety outcomes:
- Infrastructure: National Highways (NH) constitute only 2% of the total road network in India.
- Fatalities: Despite their small share in length, NHs account for nearly 30% of all road accident deaths annually.
Key Directives for Highway Management
To mitigate the high fatality rate, the Court issued several mandatory directives for the NHAI and State governments:
- Removal of Encroachments: Immediate ban and removal of unauthorized dhabas, shops, and illegal constructions on highway land that obstruct visibility and traffic flow.
- Parking Restrictions: Strict prohibition on the parking of heavy vehicles on highway shoulders, except in designated lay-bys equipped with proper lighting and facilities.
- Enhanced Surveillance: Mandatory installation of CCTV surveillance, regular highway patrols, and the stationing of ambulances at high-risk intervals for faster emergency response (the 'Golden Hour' assistance).
Significance for Aspirants
For TNPSC and Civil Services aspirants, this judgment is a crucial case study in the Judicial Activism category of "Indian Polity." It demonstrates how the judiciary expands the scope of Article 21 to include modern necessities like infrastructure safety and public welfare.
