Right to safe passage on roads is an integral part of right to life under Article 21 of the Constitution, the Supreme Court recently held while issuing a series of nationwide directions to strengthen highway safety [In Re: Phalodi Accident]. .A Bench of Justices JK Maheshwari and AS Chandurkar observed that preventable highway deaths reflect a failure of the State’s constitutional obligation to protect life.The Court emphasised that the right to life is not merely a protection against unlawful death but includes the State’s duty to ensure safe conditions for road users.“The ‘Right to Life’ enshrined under Article 21 of the Constitution of India is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.” the Court noted. It added that administrative or financial limitations cannot justify failure to ensure public safety.“We reiterate that no pecuniary or administrative constraint can outweigh the sanctity of human life,” the Court said..Accordingly, the Court issued the following key directions:Ban on highway parking: Heavy and commercial vehicles shall not park on National Highway carriageways or paved shoulders except at designated bays or lay-bys.Removal of encroachments: All unauthorised dhabas, eateries and commercial structures within highway right-of-way areas must be removed within 60 days. No licences without clearance: Authorities shall not grant or renew licences or trade approvals within highway safety zones without prior approval from highway authorities. District Highway Safety Task Forces: District Magistrates must constitute dedicated task forces in every district through which National Highways pass. Dedicated patrolling teams: State Police and transport departments must deploy highway surveillance teams for continuous patrolling. Accident blackspot identification: Authorities must identify and publish accident-prone locations within 45 days and install lighting, signage and speed enforcement systems. Emergency response deployment: Ambulances and recovery cranes must be stationed at intervals not exceeding 75 kilometres along highways. Truck lay-bye facilities: Safe parking and rest facilities for trucks must be developed at regular intervals along National Highways. Wayside amenities: Mandatory facilities including rest areas, washrooms, food services and first-aid stations must be established at designated locations. Technology-based monitoring: Surveillance systems including cameras, speed detectors and emergency call boxes must be operationalised across highways. Public grievance mechanisms: Authorities must operationalise toll-free helplines and digital complaint systems for reporting encroachments. Inter-state coordination mechanism: The Ministry of Road Transport and Highways must establish an inter-state coordination framework to standardise enforcement practices. Compliance reporting: All implementing agencies must submit consolidated compliance reports within 75 days..Supreme Court seeks report from NHAI, Centre on illegal dhabas, damaged highways after 2 accidents take 34 lives.The directions were issued in a suo motu case initiated after two fatal accidents in November 2025 in Phalodi district of Rajasthan and Rangareddy district of Telangana that together claimed 34 lives.The Court had appointed Senior Advocate Atmaram Nadkarni as Amicus Curiae, assisted by advocates Jai Anant Dehardrai and Sughosh Subramanyam, to assist in identifying systemic gaps and suggesting remedial measures.Suggestions were later jointly placed before the Court by the Solicitor General Tushar Mehta and the Amicus Curiae, which formed the basis of the present interim directions.The Court noted that National Highways constitute only about 2 percent of India’s total road length but account for nearly 30 percent of road fatalities across the country.Observing that highways must not become “corridors of peril” due to administrative negligence, the Court said that the loss of even a single life to avoidable hazards reflects a breakdown of the State’s protective responsibility..The Court directed that copies of the order be circulated to Chief Secretaries and Directors General of Police of all States and Union Territories for immediate implementation.The matter will be heard again after two months for reporting compliance with the directions issued..[Read Order]
