Implement Law Relating To Wearing Helmets; Address Wrong-Lane Driving Issues: Supreme Court Passes Directions To Help Reduce Road Accidents

A leading orthopaedic surgeon and a publicspirited citizen had invoked the jurisdiction of the Apex Court under Article 32 of the Constitution seeking issuance of a writ of mandamus or order directing PMO’s Secretary to form and head an apex body with all such powers so that all stake holders directly or indirectly responsible for the creation of safer roads, licensing of drivers and vehicles, enforcement of road safety, treatment of accident victims and provision of due compensation to the victim be brought under one umbrella.

The Division Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan ordered, “We direct all the State Governments, UTs and the NHAI to strictly implement the provisions of law relating to wearing helmets by two-wheeler drivers and passengers using two wheelers. Strict enforcement of these rules should be ensured inter alia through e-enforcement mechanism i.e. cameras installed at various places. The mechanism available for enforcement of the aforesaid violation shall be brought to the notice of this Court. The number of persons penalized and the amounts recovered by challans and the licenses suspended shall also be informed to this Court.”

Factual Background

The Petitioner was extremely anguished and distressed by the loss of life and limb caused by ever increasing number of road accidents in the country and an utter callous and casual attitude of the States towards such accidents despite there being various statutory enactments and a plethora of judgments/orders delivered by the Courts.. According to the petitioner, the quantum of loss of lives and limbs were akin to that which occurs in major national genocides. The petition was filed way back in the year 2012.

It was brought to the Court’s notice that 90% of the problem was on account of the lack of strict enforcement of the safety rules on roads and strict punishment for the drivers who do not obey the road rules. Any traffic violation was a potential accident, and every accident was a potential road accident death.

Reasoning

The Bench took note of the recent official figures released by the Government of India showing that more than 35,000 pedestrians were killed in road accidents in the year 2023, and more than 54,000 riders/ passengers of two wheelers had died due to non-wearing of helmets. Recognising that safe and encroachment-free footpaths are vital for the movement of pedestrians, the Bench stated that NHAI, State Governments and Municipal authorities have a duty to ensure that footpaths are built in a proper manner and pedestrians are provided safe opportunities to cross the streets.

The applicant and the amicus had submitted before the Court that there is an urgent need to implement the IRC Guidelines, to the extent possible, to ensure the safety of pedestrians. The Court’s attention was drawn to the relevant parts of the report ‘Road Accidents in India 2023’, which showed that around 45% [77,455] were drivers or passengers of two wheelers and 70% of this number [54,568] were deaths due to not wearing helmets.

The Bench thus passed a set of directions in relation to safety of pedestrians, i.e., pavements and pedestrian crossings. The road owning agencies in 50 cities and the NHAI were directed to start an audit of existing footpaths. “We, therefore, direct the road owning agencies in the 50 cities mentioned in Annexure 46 of the Report on Road Accidents, 2023 and the NHAI to draw up an action plan and start phase-wise survey to assess the requirement of additional pedestrian crossing facilities. The NHAI/road owning agencies can begin with crowded streets and where there is recorded data on accidents”, it added.

The Bench also ordered the State Governments/Municipal Authorities/NHAI to create an online grievance redressal mechanism regarding footpaths, which would include complaints of encroachments on footpaths, maintenance of footpaths and also suggestions for pedestrian crossing.

Further direction was passed for the implementation of the provisions of law relating to wearing helmets by two-wheeler drivers and passengers using two-wheelers. “ State transport departments, traffic police authorities, and urban local bodies shall take measures to enforce lane discipline by addressing unlawful or wrong-lane driving, including the use of automated cameras, graduated fines, coloured and textured lane markings (e.g., for bus and cycle lanes), dynamic lighting, rumble strips, and tyre killers at critical conflict points”, it ordered.

The Ministry of Road Transport & Highways (MoRTH), State Transport Departments, and traffic police authorities have also been asked to prescribe maximum permissible luminance and beam angles for vehicle headlights and ensure compliance through checks during PUC testing and vehicle fitness certification, while conducting targeted drives to penalize non-compliant or modified headlights.

“We direct all the States and UTs to formulate and notify Rules under Section 138(1A) of the MV Act within a period of six months, if not already framed, for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highway”, it ordered while further directing, “We direct all the States and UTs to formulate and notify Rules under Section 210-D of the MV Act within a period of six months, if not already framed, for design, construction and maintenance of standards for roads other than national highways.”

Cause Title: S. Rajaseekaran v. Union of India ( Neutral Citation: 2025 INSC 1189)

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