Judicial blueprint for pedestrian safety: Why the new SC order is important for most vulnerable road users?

Pedestrians are one of the most vulnerable road users accounting for over 20 percent of the total fatalities in the road accidents. According to the latest report “Road Accidents in India” by the Ministry of Road Transport and Highways (MoRTH), out of 172,890 deaths in road accidents in 2023, a total of 35,221 were pedestrians. Not only this, the share of pedestrians deaths in road accidents have doubled, increaing from 10.44 percent in 2016 to 20.4 percent in 2023.

The MoRTH report also shows that more than 54,000 riders or passengers of two wheelers had died due to non-wearing of helmets.

What are the Supreme Court’s directions?

The court directed the road owing agencies and NHAI to start the audit of existing footpaths in top 50 cities having millions plus population. The data shows that 4,604 pedestrians were killed in these 50 cities in 2023, which includes Delhi, Chennai, Mumbai, Bhopal, Lucknow, Kolkata, Varanasi, Vizag etc.

“They shall begin with those stretches which are more crowded like markets, railway stations, bus stands, religious institutions, educational institutions, etc., where there is a heavy footfall of pedestrians. While doing the audit, the authorities shall also prioritise those areas, at least 15-20 such spots, where there have been pedestrian injuries/ deaths 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…,” said the court.

The court further endorsed the Indian Roads Congress (IRC) guidelines for Pedestrian Safety (IRC 103-2022). IRC is a technical body under the aegis of the MoRTH. The court said that if pedestrian crossings are compliant with the IRC guidelines which specify minimum footpath widths (4 m in residential to 6.5 m on high-street areas), 150-mm footpath height, anti-skid surfaces, tactile pavers for the visually impaired, ramps for wheelchair users, and bollards to deter illegal parking.

The court also directed the State Governments, Municipal Authorities and 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.

On the issues regarding helmets, the court directed the authorities 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 penalised and the amounts recovered by challans and the licenses suspended shall also be informed to this Court,” said Supreme Court.

For addressing the wrongful lane driving, the court said that all the concerned authorities should take measures such as 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. 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, said the court.

It further said that MoRTH, State Transport Departments, and traffic police authorities shall prescribe maximum permissible luminance and beam angles for vehicle headlights and ensure compliance during vehicle fitness certification, while conducting targeted drives to penalize non-compliant or modified headlights.

“A complete ban on unauthorised 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,” said the court.

What do states have to do now?

Following the Supreme Court order, the states and union territories (UTs) will have to formulate and notify Rules under Section 138(1A) of the Motor Vehicle Act within a period of six months for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways.

Along with this, states and UTs will also formulate and notify Rules under Section 210-D of the MV Act within a period of six months for design, construction and maintenance of standards for roads other than national highways.

These two rules, put together, by the states will pave the way for pedestrian safety, footpath and road design.

Piyush Tewari, CEO of SaveLIFE Foundation said that the Supreme Court’s order is a landmark step towards recognising that safe mobility begins with protecting pedestrians, the most vulnerable road users.

“Court’s direction to frame rules under Section 138(1A) of the Motor Vehicles Act, which focuses on the protection and regulation of non-motorised road users such as pedestrians and cyclists, and under Section 210D, which governs standards for road design, construction, and maintenance at the State level, is a welcome step. We also hope that States enact the long-pending Rules under Section 135, which mandate schemes for forensic investigation of road crashes to establish liability beyond driver error, including deficiencies in road infrastructure and vehicle engineering, both of which have been shown to contribute to crashes and the severity of resulting injuries,” said Tewari.

How has the case unfolded over the years?

The petition was filed by Dr. S. Rajasekaran, an orthopaedic surgeon, way back in the year 2012. He said that despite various statutory enactments and plethora of judgments/orders by courts the loss of life in road accidents is ever increasing. According to the petitioner, the quantum of loss of lives and limbs are akin to that which occur in major national genocides.

When the court took up the matter, it was faced with staggering data on road accidents and fatalities. In its april 2014 order, the court recognised road safety as a matter of public health and governance, not just traffic management. It formed a Supreme Court Committee on Road Safety (SCCoRS), chaired by Justice K S Radhakrishnan, to oversee national compliance. The Committee worked on the “four Es” of road safety: Enforcement, Engineering, Education and Emergency Care, and all states were directed to report on licensing, vehicle fitness, enforcement and emergency care within three months.

By November 30, 2017, the court noted that fatalities had risen further. It then issued a binding direction instructing all States and UTs to adopt a Road Safety Policy, set up State Road Safety Councils and District Road Safety Committees (DRSCs) under the Motor Vehicles Act, 1988. The Court also directed the establishment of road safety funds and trauma care centres in every district. MoRTH later created a Road Safety Committee Portal to track State and District compliance.

As the case continued to evolve, the SC in January 2024 reviewed a Hit-and-Run Compensation Scheme (2022), which increased compensation to fixed sum of Rs. 2 lakh for deaths and Rs. 50,000 for grievous injuries. The Court also directed the police to inform victims of these entitlements. In January 2025, the SC directed the rollout of a cashless “Golden Hour” treatment for accident victims, referring to the first hour after an accident when timely medical care is most likely to save lives.