Right to Safe Travel on National Highways under Article 21:
The Supreme Court has declared that the safety of commuters against road accidents and the right to safe passage on highways are part of the fundamental right to life under Article 21 of the Constitution.
- Alarming Statistics: National Highways (NHs) comprise merely 2% of India’s total road network but account for nearly 30% of all road fatalities, highlighting severe infrastructural and administrative vulnerability.
- Constitutional Interpretation: The Court held that Article 21 imposes a positive obligation on the State to ensure a safe environment, extending beyond protection from unlawful death; fatalities due to avoidable hazards reflect failure of this duty.
- Immediate Prohibitions: The Court issued an immediate ban on the construction or operation of any new commercial structures, dhabas, or eateries within the right-of-way of any National Highway.
- Strict Parking Regulations: Heavy and commercial vehicles are strictly prohibited from parking or stopping on any National Highway, carriageway, or paved shoulder, except at officially designated lay-bys and wayside amenities to prevent blind-spot collisions.
- Enforcement Actions: District Magistrates have been directed to demolish or remove all unauthorized structures within 60 days.
- Furthermore, no licenses or trade approvals within highway safety zones can be granted without prior clearance from the National Highway Authority of India (NHAI) or the Public Works Department (PWD).
- Institutional Mechanism: A ‘District Highway Safety Task Force’ must be constituted in every district nationwide to monitor and enforce highway safety protocols.
