Footpath audit, curbing high beam and wrong lane use: How Supreme Court aims to bring sanity to Indian roads

The Supreme Court on Tuesday issued comprehensive directions to ensure pedestrian safety, curb wrong-lane driving and regulate the use of high-beam headlights by motorists across India [S Rajaseekaran vs. Union of India and Others].

A bench of Justice JB Pardiwala and Justice KV Viswanathan noted that footpaths and pedestrian infrastructure are regularly encroached upon and misused, forcing people onto roads and exposing them to grave risks.

"This Court has recognized that safe and encroachment free footpaths are very vital for movement of pedestrians. Therefore, 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 Court emphasized.

Authorities shall undertake a structured assessment of footpath and pedestrian zone encroachments, identifying chronic hotspots, the Court ordered. They may consider the phased deployment of automated, camera-based monitoring systems, the use of physical deterrents such as bollards and guardrails, and regular clearance drives to ensure continuous protection of pedestrian spaces, the Court said.

The Court was dealing with a public interest litigation (PIL) filed by orthopedic surgeon and road-safety advocate Dr. S Rajaseekaran in 2012 for strict enforcement of the safety rules on roads and strict punishment for the erring drivers.

The Court took up five key issues, considering the official data that more than 35,000 pedestrians were killed in road accidents in 2023 and over 54,000 riders and passengers of two-wheelers lost their lives due to failure to wear helmets.

"These directions relate to (i) safety of pedestrians while walking on footpaths, (ii) making pedestrian crossings safe (iii) wearing of helmets (iv) Wrong lane driving and unsafe overtaking, and (v) Use of dazzling LED white lights, unauthorized sale and misuse of redblue strobe lights and hooters," the Court said in the order.

The bench added that the Court shall keep monitoring the compliance of the directions, which are as under:

Footpaths

The Court directed road owning agencies in 50 major cities [mentioned in Annexure 46 of the Report on Road Accidents, 2023] across India and the National Highways Authority of India (NHAI) to start audit of existing footpaths. They shall begin with those stretches which are more crowded like markets, railway stations, bus stands, religious institutions, educational institutions, the Court added.

"While doing the audit, the authorities shall also prioritize those areas, at least 15-20 such spots, where there have been pedestrian injuries/ deaths as per Format-9 in the last 2-3 years. The said audit inter alia ought to identify the deficiencies in the existing footpaths, including the width, height, surface of the said footpaths, decide the remedial measures, including repair and road engineering improvement of the facilities, and fix a timeline for addressing the deficiencies," it said.

Pedestrian Crossings

The existing pedestrian crossings must be carefully audited to ensure that they are compliant with the Indian Roads Congress (IRC) Guidelines to the extent possible, the Court further directed. The audit may begin with crowded intersections and thereafter, other pedestrian crossings can be taken up, it said.

"There are a number of places where the existing pedestrian crossings by way of foot over bridge or under passes are not being used for the reason that they are not being well maintained or they are unsafe," the Court noted.

The Court directed the authorities to create an online grievance redressal mechanism regarding footpaths and pedestrian crossings. 

Wearing of Helmets

The Court directed all the State governments, Union Territories and the NHAI to strictly implement the provisions of law relating to wearing helmets by two-wheeler drivers and passengers using two wheelers. It suggested that cameras be installed for strict enforcement of rules.

"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," it added.

Lane Discipline

The Court directed the State transport departments, traffic police authorities, and urban local bodies to take measures to enforce lane discipline by addressing unlawful or wrong-lane driving through 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.

The development and publication of real-time dashboards on lane violations may also be explored to build public awareness, enhance compliance, and improve overall road safety, it added.

White LED Dazzling Lights, Red–Blue Strobe Lights, and Unauthorized Hooters

The Court directed that the Ministry of Road Transport & Highways (MoRTH), State transport departments, and traffic police to prescribe maximum permissible luminance and beam angles for vehicle headlights. It added that compliance must be ensured through checks during PUC testing and vehicle fitness certification, while conducting targeted drives to penalize non-compliant or modified headlights.

"A complete ban on unauthorized red–blue strobe flashing lights and illegal hooters shall be enforced through seizure, market crackdowns, and penalties. Simultaneously, nationwide public awareness campaigns by MoRTH, state transport departments, and traffic police shall be conducted to sensitize drivers and pedestrians about the hazards posed by dazzling headlights, unauthorized strobe lights, and illegal hooters, thereby enhancing overall road safety," the Court ordered.

The Court recorded its appreciation for Senior Advocate Gaurav Agrawal, who assisted the Bench as amicus curiae since 2015. The Bench termed his decade-long contribution a “yeoman service in a sensitive and vital area.”

[Read Judgment]