In Phalodi Accident v. National Highways Authority of India, the SC warned that expressways must not become “corridors of peril” due to administrative or infrastructural failures.
- It invoked Article 142 of the Constitution of India to issue nationwide directions.
Key Observations
- The SC held that road safety is part of the right to life and dignity under Article 21 of the Constitution of India.
- It clarified that Article 21 creates a positive duty on the State to ensure safe roads.
- National Highways (NHs) constitute approximately 2% of India’s total road length but account for nearly 30% of all road fatalities.
Key Directions issued by the SC
- District Highway Safety Task Force: Dedicated highway safety task forces must be set up in relevant districts (wherever the NH passes through) for coordination.
- Infrastructure Improvement: Roads must have proper lighting, signage, markings, and crash barriers as per safety standards.
- Surveillance & Patrolling: Regular highway patrolling and an Advanced Traffic Management System-based monitoring must be ensured (e.g., CCTV cameras, speed detectors, emergency call boxes).
- Blackspot Rectification: Accident-prone areas must be identified and fix within a time-bound framework.
- Institutional Coordination: The Ministry of Road Transport and Highways (MoRTH) must create an inter-state safety committee to standardise enforcement (e.g., uniform driving-hour limits, common penalty rules across states).
- Others: Illegal Parking Ban, Emergency Response deployed at regular intervals, safe parking and rest facilities etc.
