The Supreme Court has directed all States and Union Territories to formulate swift response protocols for road accident victims. A Bench of Justices Abhay Oka and Ujjal Bhuyan also asked the Ministry of Road Transport to hold meetings with relevant departments to enforce proper working hours for drivers.
New Delhi: The Supreme Court directed States and Union Territories on Thursday (April 17, 2025) to establish swift response protocols to ensure immediate assistance for victims.
A Bench of Justices Abhay Oka and Ujjal Bhuyan also instructed the Ministry of Road Transport and Highways to organize meetings with relevant departments of States and UTs to address the implementation of regulated working hours for drivers.
The Court Stated,
“Road accidents in our country are on the rise. The reasons may be different. There are cases where victims of road accidents do not get immediate help. There are cases where the victims may not be injured but they get trapped in vehicles.”
The Bench said,
“We are of the view that the state governments and UTs must work on having swift response protocols as in every state at grassroots level,”
The court has given states and UTs six months to formulate these swift response protocols. This order followed a request from advocate Kishan Chand Jain, who emphasized the need for a protocol for assisting road accident victims.
Legal Provisions Involved
- Supreme Court Committee on Road Safety: The Court has in earlier rulings relied upon reports and recommendations of this committee to push for better road safety norms and emergency response infrastructure.
- Article 21 of the Constitution of India : Guarantees the Right to Life, which includes the right to timely medical aid and emergency care. Failure to provide such care in road accident cases can be seen as a violation of this fundamental right.
- Motor Vehicles Act, 1988 (as amended by the Motor Vehicles (Amendment) Act, 2019):
- Section 134: Mandates that drivers involved in accidents must offer medical assistance to victims.
- Section 135: Empowers the Central Government to take steps for the prevention of accidents, which includes emergency medical response.
- Section 162: Ensures cashless treatment to victims during the golden hour and provides a scheme for their benefit.