Whalesbook
State's Constitutional Duty
The Supreme Court has clearly stated that safe road travel is a fundamental part of the Right to Life under Article 21 of the Indian Constitution. A bench of Justices JK Maheshwari and AS Chandurkar asserted that preventable highway deaths show a failure by the State to fulfill its constitutional duty to protect its citizens. The Court explained that this right means more than just protection from illegal death; it requires the State to ensure safe roads for everyone.
The Court stressed that no financial or administrative limits can be an excuse for neglecting public safety. It stated, "We repeat that no financial or administrative constraint can outweigh the value of human life." These strong comments were made during a case initiated by the Court itself, following two tragic accidents in November 2025 that killed 34 people.
Key Directives Implemented
To improve highway safety, the Court issued a series of mandatory orders. Heavy and commercial vehicles are now forbidden from parking on National Highway lanes or paved shoulders, except in designated areas. Authorities must clear all illegal roadside eateries and shops along highway land within 60 days. Furthermore, no licenses or trade approvals will be granted or renewed within highway safety zones without prior approval from highway authorities.
District Highway Safety Task Forces will be formed in every district along National Highways. State Police and transport departments must deploy dedicated highway surveillance and patrolling teams. Accident blackspots must be identified and published within 45 days, with measures like improved lighting and signage installed. Emergency response vehicles, including ambulances and recovery cranes, will be stationed at intervals not exceeding 75 kilometers.
Enhancing Infrastructure and Technology
Plans are also underway to develop adequate truck lay-bye facilities and roadside amenities, including rest areas, washrooms, food services, and first-aid stations, at regular intervals. Technology systems like surveillance cameras, speed detectors, and emergency call boxes will be put into action across highways. Public complaint systems, including toll-free helplines and digital complaint channels, will be established to report issues like encroachments.
A system for states to coordinate will be developed by the Ministry of Road Transport and Highways to make enforcement consistent. All agencies responsible must submit reports on how they are complying within 75 days. The Court noted that while National Highways make up only about 2 percent of India's total road length, they account for nearly 30 percent of road fatalities, highlighting the critical need for these reforms.