'Footpaths, helmets, vehicle headlights': SC issues comprehensive directions on road safety, pedestrian deaths

New Delhi, Oct 7 The Supreme Court on Tuesday issued a slew of directions to ensure pedestrian safety, strict enforcement of helmet laws, and regulation of hazardous driving practices across the country.

A bench comprising Justices J.B. Pardiwala and K.V. Viswanathan passed the order in response to a public interest litigation (PIL) seeking urgent judicial intervention to address the alarming rise in road fatalities.

"The case put up by the petitioner in public interest is that he is extremely anguished and distressed by the loss of life and limb caused by the ever-increasing number of road accidents in the country and the utter callous and casual attitude of the states towards such accidents despite there being various statutory enactments and plethora of judgments/orders," the Justice Pardiwala-led Bench said.

According to the Ministry of Road Transport and Highways (MoRTH), India recorded 1,72,890 road accident deaths in 2023, including 35,221 pedestrians, who accounted for 20.4 per cent of all road fatalities.

This marked a 7.3 per cent increase over the previous year, and a sharp rise from just 10.44 per cent in 2016.

In its order, the apex court said that "footpaths and pedestrian infrastructure are frequently unlawfully encroached upon and misused, forcing pedestrians onto carriageways and exposing them to grave risks".

Citing earlier judgments, it emphasised that proper and well-maintained footpaths are a judicially recognised right and directed all road-owning agencies, including municipal bodies and the National Highways Authority of India (NHAI), to undertake audits of footpaths and pedestrian crossings in 50 major cities.

These audits must prioritise high-footfall areas such as markets, railway stations, bus stands, religious institutions, and educational institutions, it noted.

"They shall begin with those stretches which are more crowded... While doing the audit, the authorities shall also prioritise those areas, at least 15-20 such spots, where there have been pedestrian injuries/deaths in the last 2-3 years," the order said.

The Supreme Court also directed that audits focus on zebra markings, illumination, traffic calming measures, and the safety of foot overbridges and subways, which are "often unsafe, poorly maintained, or inaccessible".

The Justice Pardiwala-led Bench expressed serious concern over the 70 per cent of two-wheeler deaths caused by non-compliance with helmet rules.

"We direct all the state governments, UTs, and the NHAI to strictly implement the provisions of law relating to wearing helmets by two-wheeler drivers and passengers using two-wheelers. Strict enforcement of these rules should be ensured inter alia through e-enforcement mechanisms, i.e. cameras installed at various places," it said.

On lane discipline, the apex court observed that "wrong-lane driving and unsafe overtaking remain rampant, especially near intersections and pedestrian crossings", calling for stricter enforcement through automated cameras, graduated fines, and physical deterrents like rumble strips and tyre killers at critical conflict points.

It further noted the widespread misuse of dazzling LED headlights, red-blue strobes, and illegal hooters by private vehicles, stating that such misuse "creates a false sense of authority, intimidation, and panic among pedestrians and other road users".

"The Ministry of Road Transport & Highways (MoRTH), State Transport Departments, and traffic police authorities shall prescribe maximum permissible luminance and beam angles for vehicle headlights," directed the Justice Pardiwala-led Bench.

It also ordered the enforcement of bans on unauthorised lights and hooters, along with the conduct of nationwide awareness campaigns.

The Supreme Court mandated the establishment of online grievance redressal mechanisms by municipal authorities, state governments and NHAI to address issues related to footpath maintenance and pedestrian crossings.

"The concerned authority should respond to complaints within a specified time frame and ensure that the issue is resolved in a time-bound manner. The grievance redressal system must incorporate a review mechanism by higher authorities, to be invoked in cases where the complainant is not satisfied with the resolution provided," it ordered.

It directed all states and Union Territories to frame rules under Sections 138(1A) and 210-D of the Motor Vehicles Act within six months to regulate pedestrian access and road design standards, if not already framed.

The matter has been listed again after seven months to monitor compliance and further progress in the matter.

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