WHY IN NEWS?

The Supreme Court ruled that the right to safe travel on highways is an integral part of the Right to Life under Article 21.

What is the Right to Life?

The Right to Life, under Article 21 of the Constitution, is the fundamental basis for all personal freedoms. It mandates that no person shall be deprived of life or personal liberty except through established legal procedures.

Core Definition and Scope

• Universal Protection: The right is available to all persons, including citizens and foreigners alike.
• State Constraint: It prevents arbitrary government interference, requiring a lawful process before any deprivation of life or liberty.
• Dignified Life: Evolving beyond mere physical existence, the right now guarantees a life with human dignity and meaningful living.

How the Supreme Court Expanded Article 21?

Transition from Procedure to Due Process

The A.K. Gopalan case (1950) originally interpreted "procedure established by law" as any valid state legislation. However, the Maneka Gandhi case (1978) mandated that such procedures must be "fair, just, and reasonable," integrating the concept of "Due Process" doctrine into Indian law.

Expansion of Derivative Rights

• Right to Livelihood: Recognized in Olga Tellis vs Bombay Municipal Corporation (1985), stating that no person can live without a means of earning.
• Right to Privacy: Unanimously declared a fundamental right in Justice K.S. Puttaswamy vs Union of India (2017).
• Environmental Rights: Included the right to pollution-free water and air in Subhash Kumar vs State of Bihar (1991).
• Right to Education: Recognized in Unni Krishnan vs State of Andhra Pradesh (1993), which led to the 86th Amendment and the insertion of Article 21A.
• Dignity in Death: Passive euthanasia and the right to die with dignity were recognized in Common Cause vs Union of India (2018).

Rights of Prisoners and Accused

• Speedy Trial: Established as an essential part of liberty in Hussainara Khatoon (1979).
• Against Custodial Torture: Set strict arrest guidelines in D.K. Basu vs State of West Bengal (1996) to protect against third-degree methods. 

What were the Key Observations of the Supreme Court on the Right to Safe Travel on highways?

Corridors of Peril: High-speed expressways and national highways must not be allowed to become "corridors of peril" due to administrative lethargy or infrastructural gaps.

State Accountability: The "loss of even a single life to avoidable hazards" like illegal parking or known blackspots represents a fundamental failure of the "State’s protective umbrella".

Constitutional Mandate over Policy: Road safety is no longer just a matter of administrative policy but a constitutional obligation of the State.

No Financial Excuses: The Court warned that administrative or financial constraints cannot be used by the government to justify a failure to protect human lives on roads.

Disproportionate Fatality Rate: The Bench highlighted a stark imbalance: National Highways constitute only 2% of India's road network but account for nearly 36% of all road fatalities. (Source: IIT Delhi Road Safety Status Report)

Why Are Indian Highways Unsafe?

According to the Ministry of Road Transport and Highways (MoRTH), while National Highways (NH) constitute only about 2% of India's total road network, they consistently account for over 30% of all road accident deaths.  

Engineering Failures

Design Gaps: Approximately 59% of road fatalities occur without any traffic violation, highlighting that poor road design—such as sharp curves, lack of transition zones, and "blind" crossings—is a primary killer. (Source: SaveLIFE Foundation)

Infrastructure Deficits: Over 40% of National Highways lack basic safety features like lane markings, adequate shoulder width, or crash barriers. (Source: MoRTH)

Blackspots: There are over 13,700 identified accident-prone "black spots" nationwide that require long-term structural overhaul. (Source: MoRTH)

Substandard Maintenance: Highways deteriorate within 2 to 5 years due to the use of inferior materials and water seepage, leading to lethal potholes which claimed over 2,161 lives in 2023 alone. (Source: MoRTH)

Human & Behavioral Factors

Overspeeding: Largest cause of highway deaths, contributing to roughly 70% of fatalities in 2025.  (Source: MoRTH)

Mixed Traffic & Encroachments: High-speed roads are dangerously shared with pedestrians and slow animal carts. Illegal heavy vehicle parking near roadside dhabas creates stationary hazards, causing severe collisions.

Non-compliance with Safety Gear: In 2023, the lack of helmet use accounted for 31.6% of all road deaths (54,568 lives), while not wearing seatbelts led to 16,025 fatalities. (Source: MoRTH)

Institutional & Enforcement Issues

Weak Licensing: Drivers frequently acquire licenses without proper training or strict testing, leading to a lack of necessary skills for high-speed highway environments.

Gaps in Trauma Care: Many victims die because they do not receive medical intervention within the "Golden Hour" (the first hour after a crash) due to a lack of nearby trauma centers and ambulances on highway stretches.

Fragmented Governance: Overlapping jurisdictions between central and state agencies often lead to delayed repairs and inconsistent enforcement of traffic laws.

What Steps were taken by the government to improve safety on the highway?

The Government of India has adopted a comprehensive "4E" strategy—Engineering, Enforcement, Education, and Emergency Care—to improve highway safety and reduce road fatalities by 50% by 2030.  

Engineering (Roads and Vehicles)

Black Spot Rectification: Government is investing ₹40,000 crore to permanently remediate over 8,500 high-risk "black spots" nationwide through road widening and geometric improvements.

Mandatory Safety Audits: Road safety audits are now mandatory at all stages of National Highway projects—design, construction, and operation—through third-party experts.

Bharatmala Pariyojana: Incorporates safety audits into all project phases—planning, construction, and operation—to build safer highway networks.

Vehicle Safety Standards: Government mandated six airbags in vehicles and established the Bharat New Car Assessment Program (BNCAP) to provide safety ratings for passenger cars.

Electronic Monitoring: Implementation of Advanced Traffic Management Systems (ATMS), which includes AI-based video incident detection, speed cameras, and Automatic Number Plate Recognition (ANPR) on high-density corridors. 

Enforcement and Regulation

Motor Vehicles (Amendment) Act, 2019: Introduced tougher penalties for offenses like speeding and enabled e-challans.

National Road Safety Board (NRSB): A central agency established to coordinate and implement national road safety policies.

Digital Licensing and Testing: Digitalized licensing and over 200 training centers ensure driver competence.

Emergency Care

Cashless Treatment Scheme: Pilot programs in states like Haryana and Punjab offer cashless medical care for accident victims during the "Golden Hour."

Ambulance Network: NHAI has stationed ambulances with paramedics at every toll plaza on finished National Highway stretches.

Good Samaritan Protection: Legal safeguards now prevent the harassment of bystanders who help victims, supported by incentives like the ₹25,000 Rahveer reward.

Education and Awareness

National Road Safety Month: Held annually in January, this initiative promotes awareness via school outreach, driver training, and digital campaigns.

Centre of Excellence: The Centre of Excellence for Road Safety (CoERS) at IIT Madras integrates global road engineering standards into the Indian context. 

What Should Be the Way Forward?

Technology-Led Enforcement

AI Surveillance: Transitioning to Advanced Traffic Management Systems (ATMS) using AI cameras to detect speeding and hazards in real-time, instantly alerting highway patrols.

V2X Communication: Implementing Vehicle-to-Everything (V2X) tech on high-speed corridors for direct in-car alerts regarding accidents, weather, or blackspots ahead.

Engineering Accountability

Strict Liability: Holding contractors and designers financially and criminally accountable for accidents stemming from construction defects or design flaws.

Mandatory Scientific Audits: Replacing visual checks with Scientific Road Safety Audits utilizing LiDAR and 3D mapping to fix geometric errors prior to public access.

Medical & Emergency Response

Trauma Care Integration: Establishing Level-1 Trauma Centres and air-ambulances every 50-100 km on expressways to protect the "Golden Hour".

Universal Cashless Treatment: Scaling cashless schemes nationally to ensure immediate life-saving surgery for all accident victims, regardless of their ability to pay.

Behavioral Change & Education

Strict Licensing: Adopting automated testing tracks to remove bias and confirm driver skills for highways.

Local First-Responders: Training "Good Samaritans" like roadside vendors in life support as primary accident responders.

Conclusion 

Road safety is a Constitutional mandate. Safe highways are vital for India's growth. Adopting a "Vision Zero" approach—combining design, enforcement, and rapid medical care—is crucial to eliminating fatal accidents.

SOURCE: THEHINDU