S.Rajaseekaran vs Union Of India And Ors.

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