Supreme Court of India
S.Rajaseekaran vs Union Of India And Ors. on 30 November, 2017
Equivalent citations: AIRONLINE 2017 SC 631
Author: Madan B. Lokur
Bench: Deepak Gupta, Madan B. Lokur
REPORTABLE
IN THE SUPREME COURT OF INDIA
ORIGINAL APPELLATE JURISDICITON
WRIT PETITION (CIVIL) NO. 295 OF 2012
Dr. S. Rajaseekaran (II) ....Petitioner
Versus
Union of India & Ors. ....Respondents
JUDGMENT
Madan B. Lokur, J.
1. In this petition under Article 32 of the Constitution Dr. S. Rajaseekaran, an orthopaedic surgeon, a public spirited citizen and President of the Indian Orthopaedic Association has, inter alia, prayed for enforcement of road safety norms and appropriate treatment of accident victims.
2. The petitioner states that in his capacity as Chairman and Head of Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore, he Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2017.11.30 12:06:46 IST witnesses daily, the acute loss of life and limbs caused by road accidents. Reason: He suggests that practical measures need to be taken in a time-bound and W.P. (C) No. 295 of 2012 Page 1 of 33 expeditious manner to give effect to legislations, reports and recommendations for ensuring that the loss of lives due to road accidents is minimized. The petitioner estimates that 90% of the problem of deaths due to road accidents is the result of a lack of strict enforcement of safety rules on roads and strict punishment for those who do not obey rules. The petitioner has relied upon data published in December 2011 by the Ministry of Road Transport and Highways in its publication captioned „Road Accidents in India 2010‟ to indicate that the number of road accidents is increasing every year and that unfortunately more than half the victims are in the economically active age group of 25-65 years.
3. Since the petitioner has no personal interest in the matter, the writ petition filed by him was taken up as a public interest litigation.
4. Initially, the Ministry of Road Transport and Highways opposed the writ petition but as the litigation progressed, the matter was looked at in a non-adversarial manner and considered as one in public interest.
5. In view of the non-adversarial stance of the Government of India, this Court passed an order on 22nd April, 2014 constituting a Committee on Road Safety under the Chairmanship of Justice K. S. Radhakrishnan, a former judge of this Court. The Committee was notified by the Ministry of Road Transport and Highways (MoRTH) of the Government of India on 30th May, 2014 and orders finalizing the terms and conditions of W.P. (C) No. 295 of 2012 Page 2 of 33 appointment of the Chairperson and Members of the Committee were issued on 8th August, 2014.
6. In compliance with the orders of this Court and notwithstanding bureaucratic delays and without having been provided adequate infrastructure and staff, the Committee commenced its work in earnest from 15th/16th May, 2014. The Committee has since submitted 12 reports to this Court but it is not necessary at present to deal with all these reports.
7. On 10th April, 2015 we recognized the exemplary work being done by the Committee and expressed the view that its recommendations need to be seriously discussed and debated. This was in the context of the fact that the number of deaths due to road accidents in the country was said to be over 100,000 in a year, which translates to about one death every three minutes and that the compensation awarded for deaths and other motor accident claims runs into hundreds of crores of rupees.
8. However, it appeared to us that various State Governments were not responding positively to the recommendations made by the Committee and accordingly the Secretary of the MoRTH was directed to call a meeting of his counterparts from all the States and Union Territories on or before 31st May, 2015 to deliberate on the reports W.P. (C) No. 295 of 2012 Page 3 of 33 prepared by the Committee as well as its recommendations, their implementation and further measures that could be taken.
9. We also noted that despite the lapse of a considerable period of time, the Government of India was unable to provide adequate facilities to the Committee even though a letter was sent by the learned Attorney General for India on 19th December, 2014 to the Revenue Secretary and the Urban Development Secretary of the Government of India. We are mentioning this fact only to highlight the casualness with which the Government of India was taking the directions of this Court, in spite of the importance of the work being carried out by the Committee and its non-adverserial stance. We may mention here that as of now, we have been informed that the Committee has been provided with all necessary facilities and support by the Government of India.
10. In the hearing on 26th August, 2016 we noted that in 2014 the number of persons who had died in road accidents was 139,671 and that this figure had jumped up in 2015 to 146,133.
11. Since we were informed by Mr. Gaurav Agrawal, Advocate who was requested to assist us as Amicus Curiae that the State Governments were still not cooperating with the Committee, we had no option but to again direct the Transport Secretaries of all States to attend a meeting to be convened by the Secretary of the MoRTH on 7th September, 2016. We W.P. (C) No. 295 of 2012 Page 4 of 33 had to, perforce, set the agenda for the meeting, that is, implementation of the recommendations of the Committee, keeping in mind the very large number of deaths taking place.
12. On 19th September, 2016 we noted that in the meeting chaired by the Secretary of the MoRTH convened on 2nd September, 2016 (instead of 7th September, 2016) only two or three Secretaries of the concerned Transport Ministries of the State Governments had participated and the rest of the State Governments were represented by junior officials and in some cases even the designation of these junior officials was not mentioned.
13. During this hearing, we sought to impress upon all concerned that road safety issues should be taken seriously both by the Central Government as well as by the State Governments. We also noted that huge amounts running into hundreds of crores of rupees had been earmarked for road safety and it was also highlighted that a very large number of deaths had been taking place due to road accidents. We noted that the insurance companies had spent an amount of Rs. 11,480 crores by way of compensation for deaths, injuries, third party property damage and other damage due to road accidents during the financial year 2015-16.
14. On 7th November, 2016 we again noted that there was one death almost every three minutes as a result of road accidents. Unfortunately, W.P. (C) No. 295 of 2012 Page 5 of 33 the legal heirs of half the victims were not compensated (perhaps being unaware of their entitlement). We expressed our distress at this unfortunate situation and had to remind all concerned that we were not dealing with an adversarial issue but a public interest litigation for the benefit of the common man particularly for the victims of road accidents and their legal heirs.
15. On 11th April, 2017 we were informed by the learned Amicus that the Government of India had woken up to the problems faced due to road accidents and had prepared a Bill for the amendment of the Motor Vehicles Act, 1988.
16. Thereafter, the learned Amicus prepared a chart in three columns:
First, relating to the issues that this Court had been dealing with in this public interest litigation; second the views expressed by the MoRTH on these issues, and third, the orders prayed for by the learned Amicus Curiae. A perusal of the chart indicates that fortunately, the Government of India has now begun considering the issues raised in the right spirit and in a non-adversarial manner and has accepted almost all the suggestions. Those that form a part of the Bill seeking to amend the Motor Vehicles Act, 1988 will be considered by Parliament. The tabular statement is given below:
W.P. (C) No. 295 of 2012 Page 6 of 33
S. Issue contained in Views by Ministry of Road Orders prayed No. note of Amicus Curiae Transport & Highways by the AC i. Road Safety Policy: Ministry of Road Transport & Order Proposed:
Every State Highways is in agreement with The States / UTs Government shall the suggestion. which have not implement State Road All the States/UTs except formulated the Safety Policy Assam, Delhi, Nagaland, Road Safety formulated as a result of Tripura, Lakshadweep, Dadra Policy may be the intervention of the Nagar Haveli and Andaman & directed to Committee on Road Nicobar have already formulate the Safety. The said Policy formulated their Road Safety policy on priority may be notified in the Policy. basis, latest by gazette and brought into The States / UTs which have 31st December existence w.e.f. 1st not formulated the Road 2017. The September, 2017, if not Safety Policy, have been statement made by already done so. requested to formulate the the Government policy on priority basis. of India may kindly be taken on record and ordered.
ii. State Road Safety Ministry of Road Transport & Order proposed:
Council: All State Highways is in agreement with All States / UTs Government (except the suggestion. All States / except Daman & Nagaland) have UTs except Daman & Diu, Diu, Dadra Nagar constituted State Road Dadra Nagar Haveli and Haveli and Safety Council as Andaman & Nicobar have Andaman & required under Section already constituted State Road Nicobar have 215 of the Motor Safety Councils. already Vehicles Act, 1988 and constituted State directed by the Road Safety Committee. The said Councils. The Council must undertake others may be periodic meetings to directed to review the actions and constitute the implementation of road same as per the safety laws and submit recommendations suitable reports to the of the Committee competent legislature on Road Safety.
and the Committee on The Statement
Road Safety. made by the
Government of
India may kindly
be taken on record
and ordered.
W.P. (C) No. 295 of 2012 Page 7 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
iii. Lead Agency: Each Ministry of Road Transport & Order proposed:
State Government may Highways is in agreement with The States / UTs
be directed to establish the suggestion. that have not
a Lead Agency as Ministry held review meeting established Lead
required by the with the States to review the Agency, as
Committee on Road implementation of the defined and
Safety headed by a directions of the Committee on required by the
senior officer and with Road Safety from 27th to Committee on
adequate staff to be 30thJune, 2017. The States / Road Safety and
solely dedicated to UTs were requested to depute adequate,
matters relating to establish Lead Agency and dedicated and
licensing, issuing of depute adequate, dedicated and professional /
driving licences, and professional / technical staff. technical staff
registration of vehicles, Few States viz. Chhattisgarh, may be directed to
road safety, and Daman & Diu, Haryana, do so by 31st
features of vehicles, Jharkhand, Jammu & Kashmir, December 2017 as
pollution and other Nagaland, Rajasthan, Tamil per the standards
allied matters. Nadu have already established set by the
the Lead Agency. Committee on
Road Safety. The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
iv Road Safety Fund: Ministry of Road Transport & Order Proposed:
Pursuant to Highways is in agreement with The States /UTs
recommendations of the the suggestion. that have not
Committee on Road Some of the States viz. Bihar, constituted the
Safety all the States Chhattisgarh, Himachal Road Safety Fund
have commenced or Pradesh, Jharkhand, Kerala, may be directed to
completed action to set Madhya Pradesh, Puducherry, establish the same
up a Road Safety Fund Rajasthan, Uttar Pradesh have as soon as
with assured flow of established dedicated fund as possible and not
money as desired by the per directions of Committee on later than March,
Committee. However, Road Safety. 2018 and report to
in such States where it During the review meeting the Committee on
has not come into place held by the Ministry, the Road Safety. The
it must come into effect remaining States / UTs have statement made by
w.e.f. 1st September been requested to create the the Government
2017. Road Safety Fund as per the of India may
directions of the Committee on kindly be taken on
Road Safety. record and
ordered.
v Road Safety Action Ministry of Road Transport & Order Proposed:
Plan: State Highways is in agreement with The States / UTs
Governments may be the suggestion. may be directed to
W.P. (C) No. 295 of 2012 Page 8 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
directed to formulate During the review meetings prepare the annual
and notify “Road Safety held by the Ministry, the States target based
Action Plan” with an / UTs have been requested to Action Plan to
annual target for prepare the annual target based reduce accident &
reducing road accident Action Plan to reduce accident fatality rate in
with effect from a date & fatality rate in pursuance of pursuance of
not later than 1st directions of Committee on directions of
September 2017. Road Safety. Committee on
Road Safety and
the report to the
Committee.
vi District Road Safety Ministry of Road Transport & Order proposed:
Committee: All State Highways is in agreement with State
Governments may be the suggestion. Governments may
directed to constitute be directed to
District Road Safety constitute District
Committee headed by Road Safety
the Collector of the Committee headed
District which will fix by the Collector of
targets for reduction in the District as
accidents and fatality soon as possible
dependent upon lay down
peculiar facts of the responsibilities of
District. As suggested said committees,
in the written Note, including regular
District Road Safety and periodic
Committee could meeting and
include Superintendent report to the
of Police, Health Committee on
Officers, PWD Road Safety. The
Engineers, statement made by
representatives of the Government
NHAI and RTO of the of India may
District. kindly be taken on
record and
ordered.
vii Engineering The Ministry is in agreement Order proposed:
Improvement: The with the suggestion. However, Protocol for
Amicus Curiae submits the protocol has to be Identification and
that one of the main reviewed and updated from Rectification of
reasons for accidents is time to time based on the Black Spots
poor quality of roads, experience gained. prepared by
improper design, MoRTH at the
inadequate curve, instance of
inadequate depth and Committee on
inadequate angle which Road Safety may
need to be maintained be directed to be
at crucial junctions. At implemented by
W.P. (C) No. 295 of 2012 Page 9 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
the instance of the all concerned
Committee on Road including NHAI
Safety, the MoRTH has and State
set up protocol for Governments in
identification and consultation with
rectification of black the Committee on
spots. The said protocol Road Safety.
for rectifying black It may be clarified
spots for better road that the said
safety is annexed protocol would be
herewith as Annexure reviewed and
„B‟ pages (28 to 29). updated by
This Hon‟ble Court MoRTH annually
may be pleased to direct based on the
that the same be experience gained.
enforced into The statement
immediate effect by the made by the
NHAI, the Ministry of Government of
Road Transport & India may kindly
Highways of be taken on record
Government of India and ordered.
as well as the PWD
Departments of all State
Governments as well
their contractors. It is
important that the same
is also enforced in all
expressways being
constructed on PPP
mode.
viii Traffic Calming Ministry of Road Transport & Order proposed:
Measures: This Highways is in agreement with This Hon‟ble
Hon‟ble Court may the suggestion. Court may direct
further direct the State that the State
Governments to adopt Governments
Traffic Calming should adopt
Measures at accident Traffic Calming
prone areas, junctions Measures at
of lower hierarchy accident prone
roads and other areas, junctions of
vulnerable spots like lower hierarchy
schools, hospitals, etc. roads with higher
hierarchy roads
and other
vulnerable spots
like schools,
hospitals etc., and
submit district
W.P. (C) No. 295 of 2012 Page 10 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
wise compliance
reports to the
Committee on
Road Safety, as
per the directions
of the Committee
on periodic basis.
The statement
made by the
Government of
India may kindly
be taken on record
and ordered.
ix Roads Safety Audits: In-principle, the Ministry is in Order proposed:
This Hon‟ble Court agreement with the suggestion. This Hon‟ble
may direct State However, there is a deficiency Court may be
Governments to carry of qualified auditors in road pleased to direct
out road safety audits safety engineering in the the Central
during design, country. Efforts are being Government to:
construction and made by the Government to (i) Conduct
operation of roads and build capacity, by way of audit of 2 most
also in respect of organizing workshops on road accident prone
existing roads within a safety engineering, road safety stretches of
specified time frame. audit certification courses etc. highways/express
This audit must be It would take some time to ways in each State
carried out by auditors build up capacity in the field as a pilot
accredited by National of road safety audit. Therefore, programme, and
Road Safety Audit States may be permitted to set present strategies
Board. This National their own targets for for reducing the
Road Safety Audit completing the road safety accidents;
Board must consist of audits, as per the guidelines (ii) build
Senior Officers of the issued by the Ministry from capacity and train
NHAI, MoRTH, of time to time. at least 150 more
respective State With regard to the auditors within the
Governments as well as recommendation of period of next one
Road Safety Experts accreditation by National Road year;
who are trained Road Safety Audit Board, it is stated The State
Safety Auditors. It is that a proposal to create a Governments/UTs
respectfully submitted National Road Safety Board may be directed to
that if roads were has been incorporated in the train at least 25
properly constructed Motor Vehicle (Amendment) such auditors
and maintained in this Bill, 2017. The bill has been within the period
country, as is done in passed by Lok Sabha. The of next one year,
many overseas proposed Board will deal with and thereafter
countries, road all aspects of the road safety. conduct audits.
accidents would be The statement
much less. made by the
Government of
W.P. (C) No. 295 of 2012 Page 11 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
India may kindly
be taken on record
and ordered.
x Engineering Design of The road projects costing Rs. Order proposed:
New Roads: It may be 10.00 crore or more may be of It is prayed that
directed by this Hon‟ble different types like re- this Hon‟ble Court
Court that no new surfacing of the road, may be pleased to
road/project costing reconstruction of bridges / direct the road
more than Rs. 10 culverts, construction of safety audit
Crores should be retaining walls for protection including the
undertaken unless the of roads etc. Such projects do design stage audit
design is audited and not require the road safety should be carried
the audit audit. Therefore, specifying out for all road
recommendation are only cost criteria for carrying capacity
implemented to the out road safety audits is not augmentation
satisfaction of the appropriate. projects of 5 km
aforementioned It is proposed that the road or more.
National Road Safety safety audit including the
Audit Board. design stage audit should be
carried out for all road
capacity augmentation projects
of 5 km or more.
xi Working Group on The report of the Working Order proposed:
Engineering: it is Group on Engineering (Roads) This Hon‟ble
prayed that this Hon‟ble contains a detailed background Court may issue
Court may pass an discussion. The the following
order directing that recommendations and directions as set
recommendations of the suggested policies are out as below:
Working Group on contained in Para 4 of the 1. Highways and Engineering as directed Working Group Report. Many urban road design by this Hon‟ble Court of these recommendations are standards and (marked as Annexure in the nature of general guidelines will be “C” pages (30 to 38)) comments. made consistent be implemented In view of the above, with the safety forthwith as directed by appropriate recommendations requirements and the Hon‟ble Court. based on Working Group in tune with the Report which can be passed by international best Hon‟ble Supreme Court as practices on a directions are brought out as continuous basis below: at regular
- Highways and urban intervals.
road design standards and 2. Conduct Road guidelines will be made safety audits at consistent with the safety different stages of requirements and in tune with construction and the international best practices operation.
on a continuous basis at 3. All road
regular intervals. improvement
W.P. (C) No. 295 of 2012 Page 12 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
- Road safety audits at projects including
different stages should be resurfacing works
carried out depending on the should have
size / type of the project for all provision of signs
the road development projects. & markings as per
- All road improvement the requirements.
projects including resurfacing 4. Adequate traffic works should have provision calming measures of signs & markings as per the should be taken, requirements. wherever
- Adequate traffic necessary, to calming measures should be enhance safety of taken, wherever necessary, to vulnerable road enhance safety of vulnerable users.
road users. 5.
- Existing stretches of Recommendations
National Highways & State of Road Safety
Highways not covered in Audits should be
development projects on implemented,
modes like BOT/EPC should before further
be subjected to Road Safety work is
Audits in phased manner undertaken on the
through a time bound road concerned.
programme. 6. Standard Road
- Recommendations of accident recording
Road Safety Audits should be & reporting
implemented, preferably formats should be
within 2 years of submission evolved
of audit reports. considering all
- Standard Road accident aspects of
recording & reporting formats feasibility and
should be evolved considering manpower
all aspects of feasibility and resources and be
manpower resources and be published as
published as standard standard
documents for adoption by all documents for
authorities at Central and State adoption by all
levels. authorities at
- Specialized accident Central and State
investigation centres shall be levels.
established to study a few 7. Specialized selected accidents using accident accident reconstruction investigation techniques etc., and the details centres shall be to be preserved in a data base. established to
- Institutionalized study a few system of database storage and selected accidents management should be using accident W.P. (C) No. 295 of 2012 Page 13 of 33 S. Issue contained in Views by Ministry of Road Orders prayed No. note of Amicus Curiae Transport & Highways by the AC developed for road accident reconstruction data. A suitable web based techniques etc., electronic road accident data and the details to collection/compilation system be preserved in a shall be developed for data base.
countrywide implementation. 8. Institutionalized
- Centre of excellence system of for road safety Research & database storage Accident analyses should be and management developed in academic should be institutions across the country. developed for
- Establishing synergy road accident data.
between various stake holders A suitable web (road authorities, academia, based electronic enforcement authorities, health road accident data authorities etc) in road safety collection/ at central/ state levels is being compilation strived through National Road system shall be Safety Council and State Road developed for Safety Councils. These should countrywide be strengthened and made implementation.
robust to deliver the intended 9. Centre of
results. excellence for
- Centre is extending road safety
support to Road Safety Research &
Engineering improvements on Accident analyses
state roads through specific should be
schemes to act as benchmarks developed in
and models for further efforts Academic
by states. 10% of Central Road institutions across
Fund (CRF) allocations have the country.
been earmarked for Road
Safety Engineering works on Till such time as
state roads through Central the NRSB
Road Fund (State Roads) becomes
Amendment Rules, 2016. operational, the Detailed guidelines have also above steps may been issued in this regard. be taken by the Government in consultation with the Committee on Road Safety.
xii Drivers‟ Training: In the Motor Vehicle Order proposed:
This Hon‟ble Court (Amendment) Bill, 2017, it is The Government may be pleased to issue proposed that the transport of India and the a direction that licenses driving license is to be State of all drivers would be renewed at an interval of five Governments may W.P. (C) No. 295 of 2012 Page 14 of 33 S. Issue contained in Views by Ministry of Road Orders prayed No. note of Amicus Curiae Transport & Highways by the AC renewed after every years. be directed to take five years and would be It has been proposed in the such steps as subject to their Motor Vehicle (Amendment) recommended by qualifying the stringent Bill, 2017 that the Central the Committee on criteria including Government may make rules Road Safety in a technical efficiency, for such schools or time bound quality of driving, establishments. The efforts manner to ensure control over a vehicle shall be made to improve the improvement in and other relevant quality of driving training by the quality of factors. It is necessary prescribing detailed driver training and that any person who curriculum as well as the licensing drives the vehicle must infrastructure and trainer (including be in complete control requirements by the Driving emphasis on lane of the vehicle to be able Training Schools. driving) as well as to minimize the risk of in the an accident. infrastructure and It is submitted that only the trainer accredited driving requirements.
schools should be
authorized to impart
training to the learners
and recommend the
grant of permanent
licenses. Such
institutions must have
driving teachers (a)
with not less than 10
years‟ experience; (b)
who have experience in
driving all kinds of
vehicles; (c) who have
the the requisite
learning vehicle; (d)
who have adequate
facilities and take
suitable number of tests
before the final license
by a public authority
should only be upon
recommendation of
such an accredited
licensing institution.
Computerized driving
tests should be resorted
for checking driving
skills.
xiii Lane Driving: This Ministry of Road Transport & Order proposed:
Court may issue a Highways has already notified The State
W.P. (C) No. 295 of 2012 Page 15 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
direction that all the Motor Vehicles (Driving) Governments/
State Government Regulations 2017 vide G.S.R. UTs may be
would issue a 634 (E) dated 23rd June 2017 directed to strictly
mandatory circular that which mandates the lane implement Motor
lane driving will be driving and also provides for Vehicles (Driving)
strictly insisted upon in the protocol for overtaking. Regulations 2017
all parts of this country. notified vide
Further, overtaking G.S.R. 634 (E)
shall be only according dated 23rd June
to the protocols which 2017 which
are devised for the said mandates the lane
purpose and driving and also
contravention may even provides for the
result in forfeiture of protocol for
his or her license. overtaking.
xiv Road Safety Bureau of Police Research & Order Proposed:
Equipment: All the Development (BPR&D) had All the State
State Governments will prepared a report in Governments/UTs
take steps to acquire consultation with States/UTs may be directed to
and use cameras and on the norms for the number of take steps to
other surveillance Traffic Police and also for the acquire and use
equipment according to Equipment for identifying cameras and other
the norms suggested by violations of traffic laws with surveillance
the Ministry of Home reference to vehicle population equipment
Affairs to check and of that City/State and according to the
detect traffic violators. submitted the same to the norms suggested
Further, this Hon‟ble Committee on Road Safety in by the Ministry of
Court may direct that the month of September, 2015. Home Affairs in a special patrol forces Further, Committee on Road phased manner to along the National Safety has forwarded the check and detect Highways, report to all States/UTs on 30th traffic violators;
Expressways and the November, 2015 (copy and may further
State Highways be attached in Annexure-II) be directed to set
established. The States up special patrol
may also be directed to forces along the
take the following National
actions to the Highways,
satisfaction of the Expressways and
Committee on Road the State
Safety: Highways. This
(A) Formulate and may be done in
enforce a policy for the consultation with
removal of all hoardings and to the
and objects which satisfaction of the
obstruct driving or Committee on
distract drivers. Road Safety.
(B) Formulate and
enforce a policy for
W.P. (C) No. 295 of 2012 Page 16 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
detection and removal
of encroachment on all
pedestrian path which
will cause any
hindrance to pedestrians
and vehicles.
(C) Issue a direction
that all driving licenses
will be suspended for a
period of at least one
year under Section 19
of the Motor Vehicles
Act and Rule 21 of the
CMV for over speeding,
red-light jumping, use
of cellular phone while
driving, over loading,
and using goods
carriage for ferrying
passengers.
xv Alcohol and Road Ministry has written to the Order proposed:
Safety: As per the order States vide letter dated 6th No further orders
dated 15th December April, 2017, for compliance of are required at this
2016, by a judicial the orders of the Hon‟ble stage. The
order passed in (State Supreme Court. Ministry of statement made by
of Tamil Nadu v. K. Home Affairs had issued an the Government
Balu, (2017) 2 SCC advisory on road safety and of India may
281) this Hon‟ble court accidents to all the States/UTs kindly be taken on
prohibited the grant of on 17th December, 2015, record and
licences for the sale of advising for strict enforcement ordered.
liquor along national of provisions of IPC and MV
and state highways and Act to prosecute and punish
over a distance of 500 persons causing injury or death
metres from the outer in offences related to road
edge of the highway safety (detail attached in
throughout the territory Annexure-III).
of India. This Hon‟ble
Court may further
direct the State
Governments to ensure
that the said prohibition
imposed by this
Hon‟ble Court be
effectively
implemented. Further,
those found driving
under the influence of
alcohol should be
W.P. (C) No. 295 of 2012 Page 17 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
prosecuted under the
Motor Vehicles Act,
1988 as well as under
the Indian Penal Code,
1860 within a time
period fixed by this
Hon‟ble Court.
xvi Road Safety The Ministry of Road Order
Education: Pursuant to Transport & Highways is in proposed:This
recommendations of the agreement with the suggestion. Hon‟ble Court
Committee on Road may further direct
Safety, Road Safety the State
Education has already Governments/UTs
been included by CBSE to ensure that
in school curriculums. Road Safety
This Hon‟ble Court Education and
may further direct the Counselling is
State Governments to also incorporated
ensure that Road Safety into the
Education and curriculum laid
Counselling is also down by the State
incorporated into the Boards by 1st
curriculum of the State April, 2018.The
Boards. statement made by
the Government
of India may
kindly be taken on
record and
ordered.
xvii Speed Governors: It is Ministry of Road Transport & Order proposed:
prayed that State Highways has already issued State
Governments be guidelines for fitment of Governments be
directed to take steps to approved Speed Limited directed to take
ensure that approved Device (speed governors) on steps to ensure
speed Governors are transport vehicles. The that approved
fitted in the existing suggestion to upload the speed Governors
transport vehicles and Unique Identification Number are fitted in the
given Unique of the Speed Governor in the existing transport
Identification Number. VAHAN database is vehicles and given
These numbers should acceptable. Unique
be uploaded in the Identification
VAHAN Database Number. These
along with the details of numbers should
the vehicle. The be uploaded in the
instructions issued by VAHAN Database
Committee on Road along with the
Safety in this regard details of the
may kindly be directed vehicle. The
W.P. (C) No. 295 of 2012 Page 18 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
to be strictly followed. instructions issued
by Committee on
Road Safety in
this regard may
kindly be directed
to be strictly
followed.
xviii Emergency Medical In respect of the Trauma Care Order proposed:
Care: As far as Programme being This Hon‟ble
emergency care is implemented by Ministry of Court may direct
concerned, this Hon‟ble Health & Family Welfare, a that the State
Court may direct that total number of 116 Trauma Government shall
the State Government Care Facilities (TCFs) were establish for every
shall establish for every identified and approved during District at least
District at least one the 11th Five Year Plan (FYP) one Trauma Care
Trauma Care Centre and 81 TCFs were identified Centre with all
with all modern during the 12th FYP. It may modern medical
medical facilities, and further be mentioned that with facilities, and
ambulances equipped regard to trained para-medical ambulances
with first-aid facility staff for ambulances, the equipped with
manned by trained Programme Division, the first-aid facility
para-medical staff Director General of Health manned by trained
should also be made Services has developed the para-medical staff
available. Pre-hospital Trauma should also be
Technician Course curriculum, made available.
and the training is being Further, District
undertaken in the three Central Magistrates of
Government Hospitals of every district may
Delhi, namely Safdarjung be directed to
Hospital, LHMC and Dr. RML ensure that
Hospital since 2007. sufficient
publicity is given
in respect of
existing facilities.
xix Universal Accident The National Health Mission Order Proposed:
Helpline Number: already provides for a call The State
This Hon‟ble Court centre number (108), which is Governments/UTs
may be pleased to order being extensively used in the may be directed to
that there shall be one States for medical emergencies strengthen the
Universal Accident including accidents. The accident helpline
Helpline Number which ambulance services are also number by
should be established operational in most of the providing
by the Department of states through this call centre adequate facilities.
Telecommunication number (108). The State
throughout the country. Governments that
Further, a universal have not made
code for ambulances ambulance
should be notified by services
W.P. (C) No. 295 of 2012 Page 19 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
the MoRTH. operational may
be directed to do
so by 31st March
2018, and to
further develop a
code/method to
utilize services of
all ambulances in
the area.
xx Permanent Road The Ministry of Road Order Proposed:
Safety Cell: This Transport & Highways is in The cells have
Hon‟ble Court may agreement with the suggestion. been set up and no
direct that National Ministry of Road Transport & further orders are
Highways Authority of Highways as well National required at
India must have a Highways Authority of India present. The
permanent Road Safety have established road safety statement made by
Cell consisting of engineering cells. All the the Government
suitable engineers and States/UTs have also been of India may
qualified personnel and requested to establish Road kindly be taken on
which shall be Safety Engineering Cell in record and
established on or before their National Highways ordered.
30th September, 2017. Directorates by Ministry of Road Transport & Highways.
xxi Data Collection: This Ministry of Road Transport & Order proposed:
Hon‟ble Court may Highways has already evolved No further orders direct that a a new format for recording are required at this computerized format be accident data & report. The stage. However, it prepared by the format is enabled for may be directed MoRTH for collecting computerized data entry. State that the said road accident data Government / UTs have been format evolved by throughout the country asked to take further action to the Ministry be and data so collected collect and report the data in strictly followed.
should be made public new format. The Ministry has The statement
so that even members been making the data public made by the
of the public could for information of all the Government of
pursue remedial actions stakeholders. India may kindly
or research. be taken on record
and ordered.
xxii GPS: It is submitted Ministry of Road Transport & Order proposed:
that it has been found Highways has already notified This Hon‟ble
that use of GPS and vide G.S.R. No. 1095 (E) Court may direct
GIS mapping dated 28th November 2016 that all public
encourages safety both mandating the fitment of service vehicles
for drivers and vehicle location tracking shall be fitted with
passengers. Therefore, device and emergency button location tracking
it is prayed that a in all public service vehicles device as
direction be issued to except two wheelers, e- mentioned by GoI
all car manufactures rickshaw, three wheelers and and the said
W.P. (C) No. 295 of 2012 Page 20 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
that with effect from 1st any transport vehicles for notification be
January 2018 they which no permit is required strictly
would ensure that all under the Motor Vehicles Act, implemented. The
vehicles are installed 1988. Fitment of GPS devices statement made by
with GPS and GIS. on other vehicles would be the Government
considered in due course since of India may
this would put additional cost kindly be taken on
burden on the vehicle owners record and
in terms of cost of the GPS ordered.
equipment.
xxiii Bus/Truck-Body Bus Body Code: Ministry of Order proposed:
Building Code: This Road Transport & Highways No further orders
Hon‟ble Court may has already notified the bus are required at this
direct that MoRTH may body code vide G.S.R. No. stage.
take suitable steps to 287 (E) dated 22nd April 2014. The statement
notify Bus/Truck-Body Truck Body Code: Ministry made by the
Building Code so that of Road Transport & Government of
henceforth buses and Highways has already notified India may kindly
trucks built on different the truck body code vide be taken on record
chassis are not found G.S.R. No. 1034 (E) dated 2nd and ordered.
wanting in security and November 2016 for vehicles
safety features. registered on or after 1st
October 2018.
xxiv ABS, Air Bags and ABS: Ministry of Road Orders
Headlights: It is Transport & Highways has proposed: No
prayed that a direction notified for the fitment of ABS further orders are
be issued that in every in motor cycles vide G.S.R. required.
model of car sold in No. 310 (E) dated 16th March
India there shall be 2016 and for four wheelers
Anti-Lock Braking vide G.S.R. No. 120 (E) dated
System and air bags. 10th February 2017 for new
Further a direction be models on or after 1st April
issued that all two- 2018 and for existing models
wheeler manufacturer on or after 1st April 2019.
will take recourse to Air Bags: Ministry of Road
“Automatic Headlights Transport & Highways
On” systems. It is finalized a standard AIS-145,
prayed that a direction which is being notified. This
be issued that the State standard would mandate
Government must not fitment of Air Bags on all the
allow vehicles with LMV passenger vehicles.
impermissible Automated Headlights On:
headlights to ply. Ministry of Road Transport &
Highways has notified vide
G.S.R. No. 188 (E) dated
22.02.2016 for fitment of
„Automated Headlights On‟
(AHO) in two wheelers
W.P. (C) No. 295 of 2012 Page 21 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
manufactured on or after 1st
April 2017.
xxv Crash Test: It is The crash tests for all the Light Order proposed:
respectfully submitted Motor Vehicles (LMVs) have No further orders
that in view of the been notified by the Ministry are necessary at
doubtful crash test of all for implementation. The tests this stage.
the LMVs, crash test in are to be conducted only by The statement
proper conditions must the testing agencies notified made by the
be undertaken in under Rule 126 of the Central Government of
respect of LMVs by Motor Vehicle Rules, 1989. India may kindly laboratories that are The agencies are required to be taken on record accredited. It is have their testing facilities and ordered. submitted that this accredited by National Hon‟ble Court may Accreditation Board for further direct that all Testing and Calibration vehicle testing agencies Laboratories (NABL). The in India should be Ministry has issued S.O. 1139 internationally (E) dated 28.04.2015 and S.O. accredited / recognized 2412 (E) dated 03.09.2015 to ensure that crash amending the Central Motor tests are genuinely and Vehicles Rules, 1989 sincerely undertaken (CMVRs) notifying the having utmost regard to following crash standards: - the value of human life.
This may be done by 1st Standards Date of
April 2018. commencement/
validity
Requirement New
for behaviour Models-
of steering 1.10.2017
mechanism All
of a vehicle Models-
in a Head-on 01.10.2019
Collision as
per AIS
096/2008
Protection of New Models-
occupants in 1.10.2017
the event of All Models-
an offset 01.10.2019
Frontal
Collision as
per AIS
098/2008
Approval of New Models-
vehicles with 1.10.2018
regard to the All Models-
Protection of 01.10.2019
W.P. (C) No. 295 of 2012 Page 22 of 33
S. Issue contained in Views by Ministry of Road Orders prayed
No. note of Amicus Curiae Transport & Highways by the AC
Occupants in
the event of a
Lateral
Collision as
per AIS
099/2008
Approval of New Models-
Vehicles 1.10.2018
with regard All Models-
to the 01.10.2020
Protection of
Pedestrian
and other
Vulnerable
Road Users
in the event
of a Collision
with a Motor
Vehicle as
per AIS
100/2010
17. We have heard learned Amicus Curiae as well as learned Additional Solicitor General. They have taken us through all the suggestions made and the response of the MoRTH to these suggestions.
In view of the submissions, and keeping in mind issues of road safety and the interest of those who may be unfortunate victims of road accidents, we issue the following directions:
1. Road Safety Policy: Most of the State Governments and Union Territories have already framed a Road Safety Policy. Those that have not framed such a policy namely Assam, Nagaland, Tripura, Delhi, Lakshadweep, Dadra and Nagar Haveli and Andaman and W.P. (C) No. 295 of 2012 Page 23 of 33 Nicobar Islands, must now formulate the Road Safety Policy by 31st January, 2018. All States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and seriousness.
2. State Road Safety Council: All States have already constituted a Road Safety Council in terms of Section 215 of the Motor Vehicles Act, 1988. The Union Territories of Daman and Diu, Dadra and Nagar Haveli and Andaman and Nicobar Islands have not constituted the Road Safety Council as yet. We direct these Union Territories to constitute the State Road Safety Council on or before 31st January, 2018. The responsibility and functions of the Council will be as recommended by the Committee on Road Safety. The State Road Safety Councils should periodically review the laws and take appropriate remedial steps wherever necessary.
3. Lead Agency: Only a few States have established the Lead Agency as recommended by the Committee on Road Safety in its communication of 23rd December, 2014. The States and Union Territories that have not done so should establish the Lead Agency on or before 31st January, 2018 in terms of the recommendations made by the Committee on Road Safety. It may be mentioned that the Lead Agency will act as the Secretariat of the State Road Safety Council and coordinate all activities such as licensing issues W.P. (C) No. 295 of 2012 Page 24 of 33 including issues of driving licences, registration of vehicles, road safety and features of vehicles, along with other allied matters including emission norms and other activities as mentioned in the communication dated 23rd December, 2014.
4. Road Safety Fund: Some of the States have already established a Road Safety Fund. Those States and Union Territories that have not yet established the Road Safety Fund should do so not later than 31st March, 2018 and report back to the Committee on Road Safety. The corpus of the Road Safety Fund will be from the fines collected for traffic violations and the Fund will be utilized for meeting expenses relating to road safety.
5. Road Safety Action Plan: The purpose of a Road Safety Action Plan is to reduce the number of road accidents, as well as the fatality rate. The MoRTH has already requested all the States and Union Territories to prepare a Road Safety Action Plan but it appears that the response to this has been somewhat lukewarm.
The State Governments and Union Territories are therefore directed to urgently prepare a Road Safety Action Plan by 31st March, 2018 and put it into action after giving it due publicity.
6. District Road Safety Committee: A District Road Safety Committee is required to be set up by the State Government for every district in terms of Section 215(3) of the Motor Vehicles Act, W.P. (C) No. 295 of 2012 Page 25 of 33 1988. As suggested by the learned Amicus and agreed to by the MoRTH, the District Road Safety Committee should be put in place by 31st January, 2018 and should be headed by the Collector of the District and should include amongst others the Superintendent of Police, Health Officers, Engineers of the Public Works Department, representatives of the National Highways Authority of India, the Road Transport Officer of the District and members of civil society from the District. The District Road Safety Committee must hold regular and periodic meetings to review road safety issues and take corrective measures.
7. Engineering Improvement: It appears that one of the main reasons for road accidents is the poor quality of roads, improper design, etc. The MoRTH is of the opinion that the protocol for road design and identification of black spots needs to be reviewed and enforced. Accordingly, it is directed that the MoRTH should publish a protocol for identification and rectification of black spots and take necessary steps for improving the design of roads to make them safe.
8. Traffic Calming Measures: It is suggested by the learned Amicus that traffic calming measures must be adopted at accident prone areas. This is agreed to by the MoRTH. However, such measures will need to be studied and then put in place. This is an on-going W.P. (C) No. 295 of 2012 Page 26 of 33 exercise which must be carried out by the Road Safety Committee with the assistance of the MoRTH and other stakeholders.
9. Road Safety Audits: There is agreement, in principle, between the learned Amicus and the MoRTH to carry out Road Safety Audits. However, there appears to be a dearth of qualified auditors in Road Safety Engineering. The MoRTH supports the idea of capacity building. It is, therefore, directed that necessary steps be taken by the Committee on Road Safety as well as by the MoRTH to work in this direction since there can be little doubt that an audit of road safety is essential to reduce the possibility of road accidents through corrective measures.
10. Engineering Design of New Roads: The MoRTH is of the view, and the learned Amicus is also in agreement, that the Road Safety Audit as mentioned above should include the design stage audit of new road projects of 5 kms or more, rather than being based on the cost of the project. It is ordered accordingly.
11. Working Group on Engineering: The Working Group on Engineering (Roads) has already submitted a Report which is available with the Road Safety Committee as well as the MoRTH. This Working Group was constituted pursuant to the decision taken in the meeting of the 12th National Road Safety Council held on 25th March, 2011. The recommendations of the Working Group W.P. (C) No. 295 of 2012 Page 27 of 33 should be implemented in the terms prayed for by the learned Amicus as well as those accepted by the MoRTH. These will, of course, be in the nature of interim directions since the National Road Safety Board is likely to be created as proposed in the Motor Vehicles (Amendment) Bill, 2017.
12. Drivers‟ Training: This is the subject matter of the Motor Vehicles (Amendment) Bill, 2017 and no orders are required to be passed in this regard.
13. Lane Driving: The MoRTH has already issued Motor Vehicles (Driving) Regulations, 2017 vide G.S.R. 634 (E) dated 23rd June, 2017.
The Notification should be implemented by the State Governments and Union Territories strictly.
14. Road Safety Equipment: The Bureau of Police Research and Training has already prepared a Report on the subject and has submitted it to the Road Safety Committee in September, 2015. The recommendations in the Report should be implemented including acquisition of cameras and surveillance equipments in detecting traffic and identifying violators. It is also necessary to set up special patrol forces along the National Highways and State Highways for which necessary steps must be taken by the State Governments and Union Territories.
W.P. (C) No. 295 of 2012 Page 28 of 33
15. Alcohol and Road Safety: The MoRTH has already written to the States to comply with orders of this Court in this regard. The MoRTH may issue further advisories in this regard on a quarterly basis during the calendar year 2018 so as to serve as a reminder to the State Governments and Union Territories to implement the directions of this Court.
16. Road Safety Education: The learned Amicus as well as MoRTH are in agreement that road safety education and counselling should be incorporated in the curriculum by the State Boards by 1 st April, 2018. It is directed that the State Governments may seriously consider this recommendation and include Road Safety Education and Counseling as a part of the school curriculum at the earliest.
17. Speed Governors: Guidelines in this regard have already been issued by the MoRTH. The MoRTH has agreed to upload the Unique Identification Number of the speed governors in the VAHAN database. This should be followed up by the MoRTH with expedition.
18. Emergency Medical Care: There is agreement that at least one Trauma Care Centre should be set up in every district with necessary facilities and an ambulance. The State Governments and Union Territories should take up this recommendation at the earliest since it is on record that treatment soon after a road W.P. (C) No. 295 of 2012 Page 29 of 33 accident is crucial for saving the life of the victim. In this context, it may also be mentioned that this Court has issued certain directions in Pt. Parmanand Katara v. Union of India 1 which should be followed.
19. Universal Accident Helpline Number: The MoRTH has stated that there is already a call centre number, that is, 108 provided by the National Health Mission. Due publicity must be given to this so that an ambulance can be activated at the earliest whenever necessary.
20. Permanent Road Safety Cell: All State Governments and Union Territories have already been requested by the MoRTH to set up Road Safety Cells. The State Governments and Union Territories should establish Permanent Road Safety Cells by 31 st January, 2018.
21. Data Collection: The MoRTH has already taken steps for recording accident data and reports through computerised data entry. The State and Union Territories have been asked to take further action in this regard and make the data public for the information of all stakeholders. This needs to be followed up and no further orders are necessary in this regard. 1 (1989) 4 SCC 286 W.P. (C) No. 295 of 2012 Page 30 of 33
22. GPS : The MoRTH has already notified vide G.S.R. No. 1095 (E) dated 28th November, 2016 mandating the fitment of vehicle location tracking devices in all public service vehicles subject to some exceptions. Since this has cost implications, the MoRTH may assist the State Governments and Union Territories to ensure that to the maximum extent possible and within the shortest time frame, location tracking devices must be fitted in all public service vehicles as notified.
23. Bus/Truck–Body Building Code: This has already been notified by the MoRTH with regard to buses vide G.S.R. No. 287 (E) dated 27th April, 2014 and with regard to trucks vide G.S.R. No. 1034(E) dated 2nd November, 2016. No further orders are necessary in this regard.
24. ABS, Air Bags and Headlights: The MoRTH has already notified for fitment of ABS in motor cycles vide G.S.R. No. 310(E) dated 16th March, 2016 and for four wheelers vide G.S.R. No. 120(E) dated 10th February, 2017. As far as air bags are concerned a standard AIS-145 has already been notified. As regards automated headlights, the MoRTH has notified vide G.S.R. No. 188(E) dated 22nd February, 2016 for fitment of “Automated Headlights On” in two wheelers manufactured on or after 1st April, 2017. No further W.P. (C) No. 295 of 2012 Page 31 of 33 orders are required in this regard except the faithful implementation of the various notifications issued by the MoRTH.
25. Crash Test: This too has been notified by the MoRTH and the test for all light motor vehicles is required to be conducted by the testing agency notified under Rule 126 of the Central Motor Vehicles Rules, 1989. No further orders are required in this regard except the faithful implementation of the notifications and crash standards issued by the MoRTH.
18. We make it clear that the directions given above are those that have been agreed upon by the parties before us and are in addition to and supplement the directions already given in S.Rajaseekaran v. Union of India.2 We commend the efforts put in by the learned Amicus Curiae and the Justice K.S. Radhakrishnan Committee on Road Safety. We are confident that the directions given above, at their instance and with the support, cooperation and assistance of the MoRTH, will save thousands of lives in road accidents and crores of rupees in compensation payable by the insurance companies – provided the directions are faithfully and sincerely complied with.
19. We also make it clear that if there is any doubt or clarity required in implementing the directions given, the concerned State Government or 2 (2014) 6 SCC 36 W.P. (C) No. 295 of 2012 Page 32 of 33 Union Territory is at liberty to move the Committee on Road Safety.
20. We may note that none of the directions given by us or the directions given earlier by this Court are difficult to comply with. In this connection, we may draw attention to the excellent document prepared by the Committee on Road Safety and the MoRTH titled “Consulting Services to Audit the Implementation by the States of the Directions Issued by the Committee on Road Safety – Group 4- Final Report” concerning Haryana prepared in September 2017. The Report has received considerable support from the Delhi Integrated Multi-Model Transit System Limited (DIMTS), Transportation Research and Injury Prevention Programme (TRIPP), IIT-Delhi and The Energy and Resource Institute (TERI). It would be worthwhile if similar reports are prepared and published so that roads all over the country are rendered far safer than what they are today.
21. List for further proceedings on 7th February, 2018.
……………………………J (Madan B. Lokur) …………………………..J (Deepak Gupta) New Delhi;
November 30, 2017 W.P. (C) No. 295 of 2012 Page 33 of 33