New Delhi: In a significant move aimed at strengthening road safety across the country, the Supreme Court has declared that the right to safe road travel is an integral part of the right to life under Article 21 of the Constitution. The court also issued a series of binding, pan-India guidelines, including a strict ban on parking heavy and commercial vehicles on highways outside designated zones.
A Bench of Justice JK Maheshwari and Justice AS Chandurkar, in its April 13 order, underscored that the right to life extends beyond mere survival and places a positive obligation on the State to ensure a safe environment for citizens. The court observed that preventable road accidents reflect a systemic failure in fulfilling this constitutional duty.
Stressing the primacy of human life, the Bench stated that no administrative or financial limitations can justify lapses in ensuring public safety. It warned that highways must not turn into “corridors of peril” due to negligence, adding that even a single avoidable death signals a breakdown of the State’s responsibility.
As part of its directives, the top court prohibited the construction or operation of any new dhabas, eateries, or commercial establishments within the Right of Way (ROW) of national highways. It also ordered district magistrates to remove all unauthorised structures within 60 days, following due legal procedures under the Control of National Highways Act.
The court further directed that no authority shall grant or renew licences or approvals for establishments located within highway safety zones without prior clearance from the National Highways Authority of India (NHAI) or the Public Works Department (PWD). Existing licences must be reviewed within 30 days.
To strengthen enforcement, the Bench mandated the formation of district-level highway safety task forces across the country. These bodies will include officials from the administration, police, NHAI, PWD, and local authorities to ensure coordinated implementation and regular monitoring.
Highlighting alarming data, the court noted that national highways account for just two per cent of India’s road network but nearly 30 per cent of total road fatalities. It directed both central and state agencies to adopt urgent measures to address this imbalance.
In a key directive, the court banned the parking or stopping of heavy and commercial vehicles on highways except in designated lay-bys or parking zones. Enforcement will be carried out using Advanced Traffic Management Systems (ATMS), incorporating real-time alerts, GPS-based monitoring, photographic evidence, and automated e-challan systems.
The Bench also called for enhanced surveillance, regular patrolling, improved lighting, identification of accident-prone zones, and development of wayside amenities, including dedicated truck lay-bys.
All concerned authorities have been given 60 days to implement these directions, while the Ministry of Road Transport and Highways has been asked to submit a compliance report within 75 days. The matter will be reviewed by the court after two months.
The directions stem from a suo motu public interest litigation initiated by the court following fatal road accidents in Rajasthan and Telangana last year, which claimed multiple lives and highlighted serious safety lapses.
