Supreme Court Upholds Right to Safe Highway Travel

Why in the News ?

The Supreme Court of India ruled that safe travel on highways is part of Article 21 (Right to Life). The judgment came after fatal road accidents, highlighting the State’s duty to ensure road safety and prevent avoidable deaths.

SC Judgment: Expanding Article 21 for Road Safety:

●  The Court held that safe passage on highways is intrinsic to Article 21 of the Indian Constitution, building on established environmental jurisprudence that includes the right to a pollution free environment.

●  Emphasised that even a single preventable death reflects failure of the State’s protective responsibility, applying the precautionary principle to road infrastructure management.

●  Highlighted that National Highways, though only ~2% of road length, account for nearly 30% of road fatalities, necessitating proper environmental impact assessment and safety protocols during highway development.

●  Observed that highways must not become “corridors of peril” due to poor governance or infrastructure gaps, similar to concerns addressed in the Vanashakti judgment regarding development projects.

●  The ruling reinforces the State’s obligation to ensure safe infrastructure and traffic regulation, promoting environmental democracy through participatory governance in public safety matters.

Key Directions Issued by the Supreme Court

●  Immediate ban on commercial establishments within highway right-of-way to reduce hazards, ensuring compliance with regulatory frameworks similar to coastal regulation zone restrictions.

●  Strict enforcement of designated parking zones, prohibiting roadside stopping and illegal parking, with penalties aligned with the polluter pays principle for violators causing safety hazards.

●  Focus on eliminating blackspots (accident-prone areas) through engineering and policy interventions, preventing ex post facto corrections by mandating proactive safety assessments.

●  Called for improved traffic management, surveillance, and enforcement mechanisms, ensuring no post facto regularization of unsafe highway modifications.

●  The order arose from a suo motu case after 34 deaths in accidents across Rajasthan and Telangana.

●  Reinforces accountability of authorities in preventing avoidable road accidents, rejecting any retrospective environmental clearances or ex-post approvals for unsafe infrastructure.

Road Safety & Constitutional Provisions : ●  Article 21: Guarantees Right to Life and Personal Liberty, expanded to include safe environment and mobility, pollution free environment, and protection from hazardous infrastructure. ●  Road Safety in India: Governed by the Motor Vehicles Act, 1988, complemented by environmental clearance requirements under the EIA notification for major highway projects. ●  Blackspots: High-risk accident zones identified for corrective measures, requiring mandatory environmental clearances for remedial construction work. ●  India records one of the highest road accident fatalities globally, making safety a policy priority alongside frameworks like the Forest Conservation Act for sustainable development. ●  National Highways Authority of India (NHAI) is responsible for highway development and maintenance, ensuring compliance with environmental impact assessment protocols. ●  Relevance: Links to governance, infrastructure, public safety, and judicial activism in India, strengthening environmental jurisprudence and constitutional protections.