The Supreme Court of India, addressing what it termed a “national emergency,” has issued a comprehensive set of directions to central and state authorities to tackle the rising number of road accident fatalities in the country. A bench of Justices J.B. Pardiwala and K.V. Viswanathan, hearing a public interest litigation filed in 2012, mandated time-bound audits of pedestrian infrastructure, strict enforcement of helmet laws, and a crackdown on hazardous vehicle modifications. The order aims to reduce road accident deaths, which claimed over 172,000 lives in 2023 alone.
Background of the Case
The matter originated from Writ Petition (C) No. 295 of 2012, filed by Dr. S. Rajaseekaran, an orthopaedic surgeon. The petitioner expressed his anguish over the “loss of life and limb caused by ever increasing number of road accidents in the country and utter callous and casual attitude of the States towards such accidents.” The petition argued that the “quantum of loss of lives and limbs are akin to that which occur in major national genocides” and urged the court to direct the government to take concrete steps beyond mere policies.
The court noted that the Ministry of Road Transport and Highways (MoRTH) itself had acknowledged the gravity of the situation in its 2010 report, stating, “The Government alone cannot tackle road safety problems. There is a need for active involvement of all stakes holders…”
Court’s Analysis and Observations
Focusing on five critical issues, the court analyzed official data from the “Road Accidents in India 2023” report published by MoRTH, which painted a grim picture of the country’s road safety record.
1. Pedestrian Safety Crisis: The court highlighted the alarming increase in pedestrian deaths, which rose from 15,746 (10.44% of total road fatalities) in 2016 to 35,221 (20.4% of total) in 2023. It observed that the deaths could be attributed to a “lack of sufficient pedestrian infrastructure, namely footpaths which force the pedestrians to walk on the streets.”
The judgment pointed out that footpaths and pedestrian infrastructure are “frequently unlawfully encroached upon and misused, forcing pedestrians onto carriageways.” It also noted that pedestrian crossings suffer from deficiencies like faded markings and lack of proper signalisation.
Citing its previous judgments, including Olga Tellis v. Bombay Municipal Corporation and Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan, the court reaffirmed that pedestrians have a right to safe and encroachment-free footpaths. The court emphasized that the “Guidelines for Pedestrian Safety [Second Revision] June, 2022” published by the Indian Roads Congress (IRC 103-2022) are binding and provide detailed standards for the design and construction of pedestrian facilities.
2. Non-Wearing of Helmets: The court expressed dismay over the high number of preventable deaths among two-wheeler riders. The 2023 report revealed that of the 77,455 two-wheeler occupants killed, 54,568 (approximately 70%) died due to not wearing helmets. The court found the “non-implementation of the rules relating to wearing helmets” difficult to understand, referring to the specific legal requirements under Sections 129 and 194-D of the Motor Vehicles Act, 1988.
3. Unsafe Driving Practices: The judgment noted that “Wrong-lane driving and unsafe overtaking remain rampant,” creating unpredictable vehicle movements that directly increase the risk of collisions, especially for pedestrians. The court observed that violations of lane discipline make it difficult for pedestrians “to judge safe gaps, especially children, the elderly, and persons with disabilities.”
4. Hazardous Vehicle Lights and Hooters: The court expressed “particular concern” over the widespread use of dazzling white LED headlights, which “cause temporary visual disorientation and glare for oncoming drivers, as well as pedestrians.”
Furthermore, the judgment addressed the illegal misuse of red-blue strobe lights and hooters that mimic emergency sirens. The court stated, “Such misuse creates a false sense of authority, intimidation, and panic among pedestrians and other road users” and “undermines respect for genuine emergency services.”
The Court’s Decision and Directions
Based on its analysis, the court issued a series of detailed directions as an interim measure:
On Pedestrian Safety:
- Infrastructure Audit: Road-owning agencies in 50 million-plus cities and the National Highways Authority of India (NHAI) must conduct an audit of existing footpaths and pedestrian crossings, prioritizing crowded areas and accident hotspots.
- Encroachment Removal: Authorities must undertake a structured assessment of encroachments and ensure continuous protection of pedestrian spaces using physical deterrents and regular clearance drives.
- Facility Upgradation: Existing subways and foot overbridges must be audited and upgraded with improved lighting, CCTV surveillance, panic buttons, and proper maintenance.
- New Crossings: An action plan must be drawn up to assess the need for additional pedestrian crossings. The court specifically directed that the road crossing at the Delhi High Court and the National Zoological Garden on Mathura Road be made safe within seven months.
- Grievance Redressal: An online grievance redressal mechanism for footpath maintenance, encroachments, and suggestions for new crossings must be created by the concerned authorities.
- Accountability: Section 198A of the MV Act is to be invoked to hold officials and contractors personally liable for pedestrian deaths due to infrastructural or design failures.
On Helmet Enforcement:
- All State Governments and UTs are directed to strictly implement the law on wearing helmets for both drivers and pillion riders, using e-enforcement mechanisms like cameras.
On Unsafe Driving and Hazardous Equipment:
- Lane Discipline: Authorities must enforce lane discipline through automated cameras, graduated fines, and other measures.
- Dazzling Lights: MoRTH and state authorities must prescribe maximum permissible luminance for headlights and ensure compliance through fitness checks.
- Strobes and Hooters: A complete ban on unauthorized red-blue strobe lights and illegal hooters is to be enforced through seizure, market crackdowns, and penalties.
On Rule-Making:
- All States and UTs were directed to formulate and notify rules under Sections 138(1A) and 210-D of the Motor Vehicles Act for regulating non-mechanised vehicles and pedestrians, and for road design and maintenance standards, within six months.
The court expressed its gratitude to the amicus curiae, Mr. Gaurav Agrawal, for his decade-long assistance in the matter. The case will be listed again after seven months to review compliance with the directions.
