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In a transformative judicial intervention, the Supreme Court of India has elevated the right to safe passage on highways to the status of a Fundamental Right. By interpreting Article 21 (Protection of Life and Personal Liberty) to include the safety of commuters, the Court has shifted the responsibility of road safety from a mere administrative task to a non-negotiable constitutional obligation of the State.

The Constitutional Shift: Expanding the Right to Life

The Supreme Court ruled that Article 21 imposes a "positive obligation" on the State to create a safe environment for its citizens.

• Beyond Survival: The Court clarified that the right to life extends beyond protection from unlawful killing; it includes protection from avoidable hazards.
• State Liability: Fatalities resulting from poor infrastructure, unauthorized encroachments, or administrative negligence are now viewed as a failure of the State’s constitutional duty to protect life.

The Crisis on the Arteries: Alarming Statistics

The ruling was prompted by a staggering disparity in India’s road safety data:

• Disproportionate Fatalities: While National Highways (NHs) constitute a mere 2% of India’s total road network, they are responsible for nearly 30% of all road fatalities.
• Vulnerability: This identifies NHs as zones of severe infrastructural and administrative vulnerability, requiring immediate and drastic systemic overhaul.

Judicial Mandates: Cleansing the Right-of-Way

To address the root causes of highway accidents, the Court issued several "Immediate Prohibitions" aimed at clearing the Right-of-Way (RoW)—the strip of land reserved for the highway and its future expansion.

1. Ban on Commercial Structures: The Court has issued an immediate ban on the construction or operation of any new commercial entities, including dhabas, eateries, or shops, within the highway's Right-of-Way. Existing unauthorized structures must be identified and addressed.

2. Demolition and Licensing

• 60-Day Ultimatum: District Magistrates are directed to demolish or remove all unauthorized structures within 60 days.
• Mandatory Clearances: No trade licenses or approvals for structures within highway safety zones can be granted without prior NOC (No Objection Certificate) from the National Highways Authority of India (NHAI) or the Public Works Department (PWD).

3. Strict Parking Norms: To prevent high-speed collisions with stationary objects, the Court prohibited heavy and commercial vehicles from stopping or parking on any National Highway, carriageway, or paved shoulder. Parking is strictly restricted to officially designated lay-bys and wayside amenities.

Institutional Mechanism: District Highway Safety Task Force

To ensure these directives do not remain on paper, the Court mandated the creation of a ‘District Highway Safety Task Force’ in every district across the country. This body will be responsible for:

• Constant monitoring of highway safety protocols.
• Enforcing the ban on unauthorized parking and structures.
• Ensuring inter-departmental coordination between the Police, NHAI, and District Administration.