Supreme Court Issues Comprehensive Road Safety Guidelines Targeting Pedestrian Protection, Helmet Compliance, and Traffic Regulations

New Delhi:

The Supreme Court on Tuesday issued comprehensive directives addressing pedestrian safety, helmet enforcement, and regulation of dangerous driving practices nationwide.

A bench led by Justices J.B. Pardiwala and K.V. Viswanathan delivered this order responding to a public interest litigation seeking judicial intervention amid rising road fatalities.

"The petitioner expresses extreme anguish and distress over lives lost due to increasing road accidents and the callous attitude of states despite existing statutory enactments and numerous judgments," stated the Justice Pardiwala-led Bench.

According to the Ministry of Road Transport and Highways (MoRTH) data, India witnessed 1,72,890 road accident deaths in 2023, with pedestrians accounting for 20.4 percent (35,221) of all fatalities.

This represents a 7.3 percent increase from the previous year and a substantial rise from 10.44 percent in 2016.

The top court highlighted that "footpaths and pedestrian infrastructure are frequently unlawfully encroached upon, forcing pedestrians onto carriageways and exposing them to grave risks."

Citing previous judgments, the court affirmed that proper footpaths are a judicially recognized right and ordered all road-owning agencies, including municipal bodies and the National Highways Authority of India (NHAI), to conduct audits of footpaths and pedestrian crossings across 50 major cities.

These audits must prioritize high-footfall areas like markets, railway stations, bus stands, religious institutions, and educational facilities.

"They shall begin with more crowded stretches... authorities shall also prioritize 15-20 spots where pedestrian injuries or deaths occurred in the last 2-3 years," the order specified.

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

The Justice Pardiwala-led Bench expressed serious concern that 70 percent of two-wheeler deaths result from non-compliance with helmet regulations.

"We direct all state governments, UTs, and the NHAI to strictly implement laws regarding helmet use by two-wheeler drivers and passengers. Enforcement should be ensured through e-enforcement mechanisms including cameras installed at various locations," the court ordered.

On lane discipline, the top 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 tire killers at critical points.

The court noted widespread misuse of dazzling LED headlights, red-blue strobes, and illegal hooters on private vehicles, stating such practices "create 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," the Justice Pardiwala-led Bench directed.

The court also ordered enforcement of bans on unauthorized lights and hooters, alongside nationwide awareness campaigns.

The Supreme Court mandated the establishment of online grievance redressal systems 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 timeframe and ensure timely resolution. The grievance system must incorporate a review mechanism by higher authorities for cases where complainants remain unsatisfied," it ordered.

The court 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 established.

The matter has been scheduled for review after seven months to monitor compliance and progress.