Supreme Court: Safe Road Travel is a Fundamental Right under Article 21

¨   Supreme Court has declared that road safety and the right to safe travel are part of the Fundamental Right to Life under Article 21 of the Constitution.

¨     National Highways make up only 2% of India’s road network but account for nearly 30% of road accident deaths.

¨    The Court stated that Article 21 imposes a positive obligation on the State to ensure a safe environment.

¨   This right is not limited to protection from unlawful death but also includes protection from preventable dangers.

¨     An immediate ban has been imposed on new commercial structures, dhabas, and eateries within the Right-of-Way of National Highways.

¨  Heavy and commercial vehicles are strictly prohibited from parking on highways, carriageways, or paved shoulders.

¨     Vehicles can stop only at designated lay-bys and roadside facilities.

¨    District Magistrates have been directed to remove all unauthorized structures within 60 days.

¨     No license or commercial approval in highway safety zones can be granted without prior permission from NHAI or PWD.

¨  Formation of a ‘District Highway Safety Task Force’ in every district has been made mandatory to ensure enforcement and monitoring.