“No Excuse for Death on Roads”: Supreme Court Declares Safe Travel a Fundamental Right Under Article 21

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The Supreme Court of India ruled that safe road travel is part of the Right to Life and issued strict nationwide highway safety directions. It warned that administrative or financial excuses cannot justify failure to protect human lives on roads.

“No Excuse for Death on Roads”: Supreme Court Declares Safe Travel a Fundamental Right Under Article 21
“No Excuse for Death on Roads”: Supreme Court Declares Safe Travel a Fundamental Right Under Article 21

The Supreme Court of India has recently made it very clear that the right to travel safely on roads is a part of the fundamental Right to Life under Article 21 of the Constitution. This important observation came while the Court was hearing a suo motu matter titled In Re: Phalodi Accident, which was initiated after two tragic road accidents that claimed 34 lives in Rajasthan and Telangana.

A Bench of Justices JK Maheshwari and AS Chandurkar stated that many highway deaths in India are preventable and reflect a failure on the part of the government to protect citizens’ lives. The Court stressed that the Constitution does not only protect people from unlawful death but also places a duty on the State to ensure safe conditions on roads.

The Court clearly said,

“The ‘Right to Life’ enshrined under Article 21 of the Constitution of India is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.”

Further strengthening its stand, the Court rejected excuses based on lack of funds or administrative issues. It firmly observed,

“We reiterate that no pecuniary or administrative constraint can outweigh the sanctity of human life,”

the Court said.

Taking serious note of the rising number of accidents on highways, the Supreme Court issued a detailed set of nationwide directions to improve road safety across India. One of the major directions is a strict ban on parking of heavy and commercial vehicles on National Highways unless it is in designated parking areas or lay-bys. This step aims to prevent accidents caused by vehicles parked dangerously on roads.

The Court also ordered that all illegal structures like dhabas, eateries, and shops built within highway boundaries must be removed within 60 days. Authorities have been directed not to issue or renew any licences for businesses operating in highway safety zones without proper approval from highway authorities.

To ensure better implementation, District Magistrates have been instructed to create District Highway Safety Task Forces in all districts where National Highways pass. Additionally, State Police and transport departments must deploy dedicated patrolling teams to monitor highways regularly.

The Court has also focused on identifying accident-prone areas, commonly known as blackspots. Authorities must identify and publicly list such areas within 45 days and install proper lighting, signboards, and speed control systems to reduce risks.

In terms of emergency response, the Court directed that ambulances and recovery cranes should be available at intervals of not more than 75 kilometres on highways. It also emphasized the need to develop proper parking and rest facilities for truck drivers, along with essential wayside amenities such as washrooms, food services, rest areas, and first-aid stations.

To improve monitoring, the Court ordered the use of technology such as CCTV cameras, speed detection systems, and emergency call boxes across highways. It also directed authorities to set up toll-free helplines and digital systems so that citizens can report issues like encroachments or unsafe conditions.

Recognising that highways often pass through multiple states, the Court asked the Ministry of Road Transport and Highways to create a proper inter-state coordination system to ensure uniform safety enforcement. All authorities have been directed to submit compliance reports within 75 days.

The case was taken up by the Court on its own after two fatal accidents in November 2025 in Phalodi (Rajasthan) and Rangareddy (Telangana). Senior Advocate Atmaram Nadkarni was appointed as Amicus Curiae to assist the Court, along with advocates Jai Anant Dehardrai and Sughosh Subramanyam. Their suggestions, along with inputs from Solicitor General Tushar Mehta, helped shape these important directions.

The Court also highlighted a shocking statistic — although National Highways make up only about 2% of India’s total road network, they account for nearly 30% of all road accident deaths. This clearly shows the urgent need for stricter safety measures.

Expressing serious concern, the Court warned that highways should not turn into “corridors of peril” due to negligence by authorities. It emphasized that even one avoidable death is unacceptable and shows failure of the State’s responsibility.

Finally, the Supreme Court directed that its order be sent to all Chief Secretaries and Directors General of Police across States and Union Territories for immediate action. The matter will be reviewed again after two months to check whether the directions have been properly implemented.

This judgment is a strong step towards improving road safety in India and reinforces that protecting human life is the highest duty of the State under the Constitution.

Case Title:
In Re: Phalodi Accident vs National Highways Authority Of India

Click Here to Read More On Highway Safety

author

Hardik Khandelwal

I’m Hardik Khandelwal, a B.Com LL.B. candidate with diverse internship experience in corporate law, legal research, and compliance. I’ve worked with EY, RuleZero, and High Court advocates. Passionate about legal writing, research, and making law accessible to all.

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