The Supreme Court in a recent order declared that the safety of commuters against road accidents and the right to safe passage on highways are part of the fundamental right to life under the Article 21 of the Constitution of India. This significant judgement will reinforce the State’s responsibility to ensure road safety and to protect citizens from preventable accidents. The top court has expanded the scope of Right to Life by including the right to safe and secure movement especially on high-speed highways.
This ruling comes in the backdrop of the alarming road safety statistics. The National Highways in India holds account for about 2% of the road network but contribute to nearly 30% of total road fatalities. SC highlighted that highways should not become the corridors of pitfall due to the administrative negligence, poor infrastructure or the unsafe practices like illegal parking and roadside encroachments. The court has also banned the construction or operation of dhabas, eateries or commercial establishments within the right of way of the National Highways.
District Magistrates have been directed to demolish or remove all unauthorized structures within 60 days. No license or approval can be granted near the highways without clearance. coordination between state and authorities such as National Highways Autority of India (NHAI) is necessary.
