Holding

The Supreme Court directed all States and Union Territories to implement the Committee on Road Safety's recommendations, including policies, councils, lead agencies, funds, action plans, audits, education, and emergency medical care, within specified time‑frames.

Summary

The petition, filed by Dr. S. Rajaseekaran, an orthopaedic surgeon, sought enforcement of road‑safety norms and better treatment of accident victims under Article 32 of the Constitution. The Court had earlier constituted a Committee on Road Safety, which submitted recommendations that the Union and State governments had largely failed to implement. After hearing the Amicus Curiae and the Ministry of Road Transport and Highways, the Court examined whether the non‑implementation violated the constitutional right to life and the public‑interest duty of the State. It held that the State and Union Territories must adopt the Committee’s recommendations, including framing road‑safety policies, constituting road‑safety councils and lead agencies, establishing road‑safety funds and action plans, and ensuring audits, education and emergency care. The directions were framed as specific time‑bound orders to be complied with, with a mechanism for clarification through the Committee on Road Safety. The Court disposed of the petition by issuing these comprehensive directions, emphasizing that faithful compliance would save lives and reduce compensation payouts.

Issues considered

The extent of the State's duty to implement road‑safety recommendations under the right to life (Art.32).
Whether the non‑implementation of the Committee on Road Safety's recommendations constitutes a violation of constitutional rights.
The appropriate mechanisms and timelines for States and Union Territories to adopt road‑safety policies, councils, funds, and audits.

Legislation cited

Central Motor Vehicles Rules, 1989s. 126
Motor Vehicles Act, 1988s. 215

Subjects

road safetypublic interest litigationMotor Vehicles Actroad accident victimsroad safety policyroad safety fundroad safety auditemergency medical caretraffic calmingspeed governors

Judgment

(2017] 13 S.C.R. 508

A DR. S. RAJASEEKARAN (II)
V.

UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 295 of2012)
B NOVEMBER30, 2017
[MAl)AN B. LOKUR AND DEEPAK GUPTA, JJ.]
Constitution of India: Art. 32 - Public interest litigation -
Prayer seeking enforcement of road safety norms and appropriate
c treatment of accident victims - Constillltion of Committee on road
safety - Submission of report/recommendations by the Committee -
Howeve1; non-implementation of the recommendations by the
Government ~ Issuance of directions on road safety and the victims
of road accidents by Supreme Court - Directions as regard road
safety policy, road safety fimd, road safety action plan. road safety
D audits, road safety cell, road safety equipment and road safety
education issued - Faithful and sincere compliance of the said
directions would save thousands of lives in road accident and crores
of rupees paid in compensation by the insurance companies.
Issuing directions, the Court
E
HELD: 1.1 In view of the submissions of the Amicus Curiae
and the response of the Ministry of Road Transport and Highways
(MoRTH) to the suggestions and keeping in mind issues of road
safety and the interest of those who may be unfortunate victims
of road accidents, the following directions arc issued:
F (i) Road Safety Policy: Most of the State Governments and
Union Territories have already framed a Road Safety
Policy. Those that have not framed such a policy namely
Assam, Nagaland, Tripura, Delhi, Lakshadweep, Dadra and
Nagar Havcli and Andaman and Nicobar Islands, to
G formulate the Road Safety Policy by 31" January, 2018.
All States and Union Territories are expected to implement
the Road Safety Policy with all due earnestness and
seriou~sness.

(ii) State Road Safety Council: All States have already
H constituted a Road Safety Council in terms of Section 215
508
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 509

of the Motor Vehicles Act, 1988. The Union Territories of A
Daman and Dlu, Dadra and Nagar Haveli and Andaman
and Nicobar Islands have not constituted the Road Safety
Council as yet. These Union Territories are directed to
constitute the State Road Safety Council on or before 31"
January, 2018. The responsibility and functions of the B
Council would be as recommended by the Committee on
Road Safety. The State Road Safety Councils should
periodically review the laws and take appropriate remedial
steps wherever necessary.
(iii) Lead Agency: Only a few States have established the
Lead Agency as recommended by the Committee on Road C
Safety in its communication of 23'' December, 2014. The
States and Union Territories that have not done so should
establish the Lead Agency on or before 31" January, 2018
in terms of the recommendations made by the Committee
on Road Safety. The Lead Agency would act as the D
Secretariat of the State Road Safety Council and coordinate
all activities such as licensing issues including issues of
driving licences, registration of vehicles, road safety and
features of vehicles, along with other allied matters
including emission norms and other activities as mentioned
· in the communication dated 23.12.2014. E

(iv) Road Safety Fund: Some of the States have already
established a Road Safety Fund. Those·States and Union
Territories that have not yet established the Road Safety
Fund sl;.cu 1'! do so not later than 31" March, 2018 and
report back to the Committee on Road Safety. The corpus F
of the Road Safety Fund woul~ be from the fines collected
for traffic violations and the Fund would be utilized for
meeting expenses relating to road safety.
(v) Road Safety Action Plan: The purpose of a Road Safety
Action Plan is to reduce .the number of road accidents, as G
well as the fatality rate. The MoRTH has already requested
all the States and Union Territories to prepare a Road
Safety Action Plan but It appears that the response to this
has been somewhat lukewarm. The State Governments
and Union Territories are therefore directed to urgently H
510 SUPREME COURT REPORTS [2017] 13 S.C.R.

A prepare a Road Safety Action Plan by 31.03.2018 and pnt
it int11 action after giving it due publicity.
(vi) District Road Safety Committee: A District Road Safety
Committee is required to be set up by the State
Government for every district in terms of Section 215(3)
B of the Motor Vehicles Act, 1988. As suggested by the
Amicus and agreed to by the MoRTH, the District Road
Safety Committee should be put in place by 31" January,
2018 and should be headed by the Collector of the District
and should include amongst others the Superintendent of
Police, Health Officers, Engineers of the Public Works
c Department, representatives of the National Highways
Authority of India, the Road Transport Officer of the
District and members of civil society from the District.
The District Road Safety Committee must hold regular
and periodic meetings to review road safety issues and
D take corrective measures.
(vii) Engineering Improvement: It appears that one of the
main reasons for road accidents is the poor quality of roads,
impr(jper design, etc. The MoRTH is of the opinion that
the protocol for road design and identification of black
E spots needs to be reviewed and enforced. Accordingly, it
is directed that the MoRTH should publish a protocol for
identification and rectification of black spots and take
necessary steps for improving the design of roads to make
them safe.

F (viii) Traffic Calming Measures: It is suggested by the
Amicus that traffic calming measures must be adopted at
accident prone areas. This is agreed to by the MoRTH.
However, such measures will need to be studied and then
put in place. This is an on-going exercise which must be
carried out by the Road Safety Committee with the
G assistance of the MoRTH and other stakeholders.
(ix) Road Safety Audits: It is directed that necessary steps
be taken by the Committee on Road Safety as well as by
the Mi>RTH to work in the direction of Road Safety Audits
since there can be little doubt that an audit of road safety
H
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 511

is "essential to reduce the possibility of road accidents A
through corrective measures.
(x) Engineering Design of New Roads: The Road Safety
Audit should include the design stage audit of new road
projects of 5 kms or more, rather than being based on the
cost of the project. B
(XI) Working Group on Engineering: The recommendations
of the Working Group on Engineering (Roads) should be
implemented in the terms prayed for by the Amie us as well
as those accepted by the MoRTH. These would, of course,
be in the nature of interim directions since the National c
Road Safety Board is likely to be created as proposed in
the Motor Vehicles (Amendment) Bill, 2017.
(xii) Drivers' Training: This is the subject matter of the
Motor Vehicles (Amendment) Bill, 2017 and no orders
are required to be passed in this regard. D
(xiii) Lane Driving: The MoRTH has already issued Motor
Vehicles (Driving) Regulations, 2017 vide GS.R. 634 (E)
dated 23'• June, 2017. The Notification should be
implemented by the State Governments and Union
Territories strictly. E
(xiv) Road Safety Equipment: The Bureau of Police
Research and Training has already prepared a Report on
the. subject and has submitted it to the Road Safety
Committee in September, 2015. The recommendations in
the Report should be implemented including acquisition F
of cameras and surveillance equipments in detecting traffic
and identifying violators. It is also necessary to set up
special patrol forces along the National Highways and State
Highways for which necessary steps must be taken by the
State Governments and Union Territories.
G
(xv) Alcohol and Road Safety: The MoR.TH has already
written to the States to comply with orders of this Court in
this regard. The MoRTH may issue further advisories in
this regard on a quarterly basis during the calendar year 2018
so as to serve as a reminder to the State Governments
H
r
512 SUPREME COURT REPORTS (2017) 13 S.C.R.

A and Union Territories to implement the directions of this
Court.
.,
(xvi) Road Safety Education: The Amic11s as well as
MoRTH are in agreement that road safety education and
counselling should be incorporated in the curricu)um by
B the State Boards by 1" April, 2018. It is directed that the
State Governments may seriously consider this
recommendation and Include Road Safety Education and
Counseling as a part of the school curriculum at the
earliest,
c (xvii) Sj>eed Governors: Guidelines in this regard have
already been issued by the MoRTH. The MoRTH has
agreed to upload the Unique Identification Number of the
speed governors in the VAHAN database. This should be
followed up by the MoRTH with expedition.
D (xviii) Emergency Medical Care: There is agreem< nt that
at least one Trauma Care Centre should be set up in every
district with necessary facilities and an ambulance. The
State Governments and Union Territories should take up
this recommendation at the earliest since it is on record
that treatment soon after a road accident is crucial fur
E saving tl1e life of the victim. The directions Issued in PL
Pormana,nd Kotara v. Union of India should be followed.
(xix) Unlvers11l Accident Helpline Number: The MoRTH
has stated that there is already a call centre number, that
is, 108 provided by the National Health Mission. Due
F publicity must be given to this so that an ambulance can
he activated at the earliest whenever necessary.
(xx) Permanent Road Safety Cell: All State Governments
and Union Territories have already been requested by the
MoRTH to set up Road Safety Cells. The State
G Governments and Union Territories should establish
Permanent Road Safety Cells by 31" January, 2018.
(xxi) Data Collection: The MoRTH bas already taken
steps for recording accident data and reports through
computerjsed data entry. The State and Union Territories
H have been asked to take further action in this regard and
DR. S. RAJASEEK.ARAN (II) v. UNION OF INDIA & ORS. 513

make the data public for the information of all stakeholders. A
This needs to be followed up and no further orders are
necessary in this regard.
(xxii) GPS : The MoRTH has already notified vide GS.R.
No. 1095 (E) dated 28" November, 2016 mandating the
fitment of vehicle location tracking devices in all public B
service vehicles subject to some exceptions. Since this
has cost implications, the MoRTH may assist the State
Governments and Union Territories to ensure that to the
maximum extent possible and within the shortest time
frame, location tracking devices must be fitted in all public C
service vehicles as notified.
(xxiii) Bus/Truck-Body Building Code: This has already
been notified by the MoRTH with regard to buses vide
GS.R. No. 287 (E) dated 27 1• April, 2014 and with regard
to trucks vide GS.R. No. 1034(E) dated 2•• November,
2016. No further orders are necessary in this regard. D
(xxiv) ABS, Air Bags and Headlights: The MoRTH has
already notified for fitment of ABS in motor cycles vide
GS.R. No. 310(E) dated 16'" March, 2016 and for four
wheelers vide GS.R. No. 120(E) dated tolh February, 2017.
As far as air bags are concerned a standard AIS-145 has E
already been notified. As regards automated headlights,
the MoRTH has notified vide GS.R. No. 188(E) dated 22••
February, 2016 for fitment of"Automated Headlights On"
in two wheelers manufactured on or after 1" April, 2017.
No further orders are required in. this regard except the F
·faithful implementation of the various notifications issued
by the MoRTH.
(xxv) Crash Test: This too has been notified by the
MoRTH and the test for all light motor vehicles is required
to be conducted by the testing agency notified under Rule G
126 of the Central Motor Vehicles Rules, 1989. No further
orders are required in this regard except the faithful
implementation of the notifications and crash standards
issued by the MoRTH. (Para 17] [535-A-H; 536-A-H;
537-A-H; 538-A-H; 539-A-H; 540-A-C]
H
514 SUPREME COURT REPORTS [2017] 13 S.C.R.

A 1.2 The directions given are those that have been agreed
upon by the parties and are in addition to and supplement the
directions already given in S.Rajaseekaran v. Union of India. The
said directions at the instance of the A111ic11s C11riae and the Justice
K.S. Radhakrishnan Committee on Road Safety and with the
support, cooperation and assistance of the MoRTH, would save
B
thousands of lives in road accidents and crores of rupees in
compensatioll payable by the insurance companies-provided the
directions ar~ faithfully and sincerely complied with. If there is
any doubt or ~larity required in implementing the directions given,
the concerned State Government or Union Territory is at liberty
c to move the Committee on Road Safety. [Paras 18, 19) (540-D-FJ
Pt. Parmanand Katara v. Union of India (1989) 4 SCC
286 : (1989) 3 SCR 997; S.Rajaseekaran v. Union of
India (2014) 6 SCC 36: (2014) 5 SCR 444 - referred
to.
D Case Law Reference
[1989] 3 SCR 997 referred to Para 17
[2014] 5 SCR 444 referred to Para 18
ORIGINAL APPELLATE JURISDICTION: Writ Petition (Civil)
E No. 295 of2012.
Under Article 32 of the Constitution oflndia.
P. S. Narr-asimha, ASG, D.K. Thakur, S.S. Shamshery, AAGs,
Gopal Subramanium (AC), Ajit Kumar Sinha, Sr. Advs., Gaurav Agarwal,
(AC), Talha Abdul Rahman, Jayavardhan Singh, Pavan Bhushan, Manoj
F Swamp, Ms. Lalita Kohli, Sajid Imam Naqvi (for Mis Manoj Swarup &
Co.), Krishna Kumar, B. Vinodh Kanna, Ms. Srujana Suman Mund,
S.S. Ray, GS. Makker, Surinder S. Rathi, S. L. Gupta, Rajesh Sharma,
Rajeev Gupta, Ms. Shalu Sharma, Mahabir Singh Mangla, Varinder
Kumar Sharma, M.K. Thakur, Rajesh K. Sharma, Ms. Prerna Mehta,
G Dipak K. Nag, Ekansh Bansal, Parmanand Gaur, Bhupesh Narula, K. V.
Jagdishvaran, Ms. G. Indira, Guntur Prabhakar, Ms. Prerna Singh, Gopal
Singh, Shreyas Jain, Ms. Ruchira Gupta, Ms. Mona Sinha, Ms. Surabhi
Mehta, Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Puja Singh, Ms.
Shodhika Sharma, Samar Vijay Singh, Ms. Monika Gosain, Shariq Ahmed,
Varindcr Kumar Sharma, M. Shoeb Alam, Ms. Fauzia Shakil, Ujjwal
H Singh, Mojahid Karim Khan, Tapesh Kumar Singh, Mohd. Waquas,Aditya
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 515

Pratap Singh, Ms. Swarupama Chaturvedi, Nishant R. Katneshwarkar, A
R. Leishangthem Roshmani KH, Ranjan Mukherjee, Naveen Sharma,
Mishra Saurabh, Mrs. K. Enatoli Serna, Edward Belho,Amit Kr. Singh,
K. Luikang Michael. Z.H. Issac Haiding, V. G. Pragasam, S. Prabu
Ramasubramanian, Manuraj, Amit Sharma, Sandeep Singh, Anidt Raj,
Ms. Indira Bhakar, Ms. Ruchi Kohli, Ms. Aruna Mathur, Avneesh B
Arputham, Ms. Anuradha Arputham, Ms. Simran Jeet (For Mis Arputham
Aruna & Co.), S. Udaya Kumar Sagar, Mrityunjai Singh, Gopal Singh,
Rituraj Biswas, Raja Chatterjee, C.K, Ganguli, Piyush Sachdev,
P. K. Manohar, Ms. Manjeet Chawla, Dr. (Mrs.) Vipin Gupta, Neelesh
Singh Rao, Saurabh Kirpal, Ms. Jaikriti S. Jadeja,Advs. for the appearing
parties. C
The Judgment of the Court was delivered by
MADAN B. LOKUR, J. 1. In this petition under Article 32 of
the Constitution Dr. S. Rajaseekaran, an orthopaedic surgeon, a public
spirited citizen and President of the Indian Orthopaedic Association has,
inter alia, prayed for enforcement of road safety norms and appropriate D
treatment of accident victims.
2. The petitioner states that in his capacity as Chairman and Head
of Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore, he
witnesses daily, the acute loss oflife and limbs caused by road accidents.
He suggests that practical measures need to be taken in a time-bound E
and expeditious manner to give effect to legislations, reports and
recommendations for ensuring that the loss oflives due to road accidents
is minimized. The petitioner estimates that 90% of the problem of deaths
due to road accidents is the result of a lack of strict enforcement of
safety rules on_roads and strict punishment for those who do not obey F
rules. The petitioner has relied upon data published in l)ecember 2011
by the Ministry of Road Transport and Highways in its publication
captioned 'Road Accidents in India 201 O' to indicate that the number of
road accidents is increasing every year and that unfortunately more than
half the victims are in the economically active age group of25-65 years.
G
3. Since the petitioner has no pernonal interest in the matter, the
writ petition filed by him was taken up as a public interest litigation.
4. Initially, the Ministry of Road Transport and Highways opposed
the writ petition but as the litigation progressed, the matter was looked at
in a non-adversarial manner and considered as one in public interest.
H
516 SUPREME COURT REPORTS [201'1] 13 S.C.R.

A 5. In view of the non-adversarial stance of the Government of
India, this Court passed an order on 22'd April, 2014 constituting a
Committee on Road Safety under the Ciiamnanship of Justice K. S.
Radhakrishnan, a former judge of this Court. The Committee was
notified by the Ministry of Road Transport and Highways (MoRTH) of
the Government ct idiu "" 30th May, 2014 and orders finalizing the
B
terms anti co!'ditlons of appointment of the Chairperson and Members
of the Committee were issued on 8th August, 2014.
6. In compliance with the orders of this Court and notwithstanding
bureaucratic delays and without having been provided adequate
infrastructure and staff, the Committee commenced its work in earnest
c from I5lh/16'h May, 2014. The Committee has since submitted 12 reports
to this Court but it is not necessary at present to deal with all these reports.
7. On JO<h April, 2015 we recognized the exemplary work being
done by the Committee and expressed the view that its recommendations
need to be seriously discussed and debated. This was in the context of
D the fact that the number of deaths due to road accidents in the country
was said to be over I 00,000 in a year, which translates to about one
death every three minutes and that the compensation awarded for deaths
and other motor accident claims runs into hundreds of crores of rupees.
8. However, it appeared to us that various State Governments
E were not responding positively to the recommendations made by the
Committee and accordingly the Secretary of the MoRTH was directed
to call a meeting of his counterparts from all the States and Union
Territories on or before 31" May, 2015 to deliberate on the reports
prepared by the Committee as well as its recommendations, their
F implementation and further measures that could be taken.
9. We also noted that despite the lapse of a considerable period
of time, the Government of India was unable to provide adequate facilities
to the Committee even though a letter was sent by the learned Attorney
General for India on 19th December, 2014 to the Revenue Secretary and
G the Urban Development Secretary of the Government oflndia. We are
mentioning this fact only to highlight the casualness with which the
Government of India was takingthe directions of this Court, in spite of
the importance of the work being carried out by the Committee and its
non-adverserial stance. We may mention here that as of now, we have
been informed that the Committee has been provided with all necessary
H facilities and support by the Government of India.
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 517
[MADAN B. LOKUR. J.]

I 0. In the hearing on 26"' August, 2016 we noted that in 2014 the A
numberof persons who had died in road accidents was 139,671 and that
this figure had jumped up in 2015 to 146,133.
11. Since we were informed by Mr. Gaurav Agrawal, Advocate
who was requested to assist us as Amicus Curiae that the State
Governments were still not cooperating with the Committee, we had no B
option but to again direct the Transport Secretaries of all States to attend
a meeting to be convened by the Secretary of the MoRTH on 7'h
September, 2016. We had to, perforce, set the agenda for the meeting,
that is, implementation of the recommendations of the Committee, keeping
in mind the very large number of deaths taking place.
c
12. On J9th September, 2016 we noted that in the meeting chaired
by the Secretary of the MoRTH convened on 2"" September, 2016 (instead
of 7"' September, 2016) only two or three Secretaries of the concerned
Transport Ministries of the State Governments had participated and the
rest of the State Governments were represented by junior officials and
in some cases even the designation of these junior. officials was not D
mentioned.
13. During this hearing, we sought to impress upon all concerned
that road safety issues should be taken seriously both by the Central
Government as well as by the State Governments. We also noted that
huge amounts running into hundreds of crores of rupees had been E
earmarked for road safety and it was also highlighted that a very large
number of deaths had been taking place due to road accidents. We noted
that the insurance companies had spent an amount of Rs. 11,480 crores
by way of compensation for deaths, injuries, third party property damage
and other damage due to road accidents during the financial year 2015-16. F
14. On 7"' November, 2016 we again noted that there was one
death almost every three minutes as a result of road accidents.
Unfortunately, the legal heirs of half the victims were not compensated
(perhaps being unaware of their entitlement). We expressed our distress
at this unfortunate situation and had to remind all concerned that we G
were not dealing with an adversarial issue but a public interest litigation
for the benefit of the common man particularly for the victims of road
accidents and their legal heirs.
15. On 11th April, 2017 we were informed by the learned Amicus
that the Government of India had woken up to the problems faced due
H
518 SUPREME COURT REPORTS [2017] 13 S.C.R.

A to road accidents and had prepared a Bill for the amendment of the
Motor Vehicles A.ct, 1988.
16. Thereiifter, the learned Amicus prepared a chart in three
columns: First, relating to the issues that this Court had been dealing
with in this public interest litigation; second the views expressed by the
B MoRTH on these issues, and third, the orders prayed for by the learned
Amicus Curiae. A perusal of the chart indicates that fortunately, the
Government oflndia has now begun considering the issues raised in the
right spirit and in a non-adversarial manner and has accepted almost all
the suggestions. Those that form a part of the Bill seeking to amend the
Motor Vehicles Act, 1988 will be considered by Parliament. The tabular
c statement is given below:

s. Issue contained in Vi cws by Ministry of Orders prayed by
No. note of Amicus Road Transport & the AC
D
Curiae Highways

i. Road Safety Ministry of Road Order Proposed:
Policy: E~ery State Trausport & Highways The States I UTs
(Jovernmc)1t shall is in agreen1ent with the which have not
i1nple1ncnt State suggestion. formulated the
E Road Safety Policy Road Safety Policy
formulated as a All die States/UTs may be directed to
result of the except Assam, Dellli, formulate the
intervention of the Nagaland. Tripura, policy on priority
Comtnittee on Road Lakshadweep, Dadra basis. latest by 31 si
Safety. The said Nagar Haveli aud December 2017.
F Policy 1nay be I Andaman & Nicobar The staten1ent
notified in the 1 h:ivc already 1nade by the
gazette and brought formulated their Road Goven1ment of
into existence w.e.f. Safety Policy. India 1nay kindly
l" September, l11e States I UTs which be taken on record
2017. if not already have not formulated the and ordered.
G done so. Road Safety Policy.
have been requested to
formulate the policy on
priority basis.

H
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 519
[MADAN B. LOKUR, J.)

Slare Road Safety Ministiy of Road Onler proposed: All
A
ii
Omncil: All State Transport & Highway.; is States I urs except
Glvernment (except in agreerrent with the Damm & Diu, Dadra
Nlgaland) have cmstituted suggestiott All States I Nagar Haveli and
State Road Satay Council Ufs except Damm & Atxlamm & Nicobar
as required under Section Diu, O.dra Nagar Haveli have already B
215 of tl1e Mater Vdticles and Andamm & Ni:chrr constituted State Road
Ac~ 1988 and. dirocted by have already cmstituted Safety Councils. The
the Comnittee. The said State Road Safety at hers may be directed
Cootx:il trust undertake Councils. to corlititute tm sarne
pericx:lC n1eetings to review as per the
the actions and rocou1nerxiations of C
in"Planentation of road the Comnittee on
safety lav.s and submit Road Safety. The
suitable reports to the Statement nnde by the
oot'l'etent Jegishture and Govemm:nt of India
the Committee m Road nny kindly be taken
Safety. on rocord and ordered.
D
iii. Lead Agency: Eadt State Ministiy of Road Onler proposed:
Glvernment nny be TraIBpOrt & Highways is The States I UTs that
directed to ~tablish a Lead 1n agreenllnt with the have not established
Agency as raiuired by tlie suggestion
Lead Agetx:y, as
Committee on Road Safety Ministiy hdd review
headed by a senior officer m:eting with the States to definal atxl required
and with aci:quate slaff to review tre by the Committee on E
be solely dedicated to inplen'l!ntation of th! Road Safety and
rratters rehting to d~ections of the depute aci:quate,
ticmsing issuing of driving Comnittee oo Road d<rlicated and
licmces, an:l registration of Safety from 21' to profess ion al I
vehicles, rood safety, and 3o''June, 2017. The
techniral staff tray be
fuatures of vehicles, States I Ufs wa:e
l"nution and otl1er allied requested to establish directed to do so by F
ITBtters. lead Agency and depute 31" Dxember 2017 as
addjuate, dedicated and per the Slandards set
professional I technical by tl>e Conrnittee on
:.taff. Road Safety. The
Fe\\' States viz.
statanent trade by the
Chhattis!l'fh, Drumn & Govemrrent of India G
Diu, Haryana, Jharkhatxl, may kindly be taken
JanlITll & Ka<ilunir, on ra:ord and crdered
Nagaland, Raj8'1han,
Tani! Nadu rave ab-mdy
established the Lead
Agoncy. •y
t.
520 SUPREME COURT REPORTS [2017] 13 S.C.R.

A
iv ' Road Safety Fund: Ministty of Road Order Prqiosed:
. Pursuart to Trall'lpcrt & Highway.s The States /UTs
reconnrendatioll'l is in agreanent with tbe that rove not
of the Ccrnnittee suggestion cmstituted tbe
on Rood Saftty all Some of the States viz. Road Safety Finl
B the States have Bihar, Chhittisg;irh, tray be directed to
oomneooed er Hirnachal Pradesh, establish the same
00111lleted actim to Jharkhand, Kerab, as soon as poSS!ble
set up a Road MadhY<t Praresh, an1 not later than
Safuty Fund wth Pududierry, Rajasthm, March, 2018 an1
aSfillred flow of Uttar Pradesh have report to tbe
c rrooey as des ired establisred dalicated Comnittee on
by fui Committee. fund as per directioll'l Road Safuty. The
H:iwever, in such of Conrnittee on Road statemait trade by
States \\h:re it res Safety. the Government of
oot ccrne into place During the review ln:lia rmy kin:lly
it mll'lt come into meeting beld by tbe be takai on record
D effect w.e.f. 1• Ministty, tbe rermining an1 erd:red.
Septcn::ber 201 7. States I Ufs rove been
requested to create tbe
Rood Safcty Fund as
per the directims oftbe
Ccmnittee m Road
Safety.
E -.. -----+--~-----+ ---·-··--··-----t
v Road Safety Ministty of Road Onler Prqiosed:
Action Han: State Trarnpcrt & Highway.s The States I UTs
Cbvennnents tray is in agreement with tbe tray be directed to
be directed to suggestion prei:are the amual
fi:onulate and During the review tar!}'t rused Action
notify "Road Safety meetings held by tre Plan to raluce
F Action Plan" with Ministty, the States I accidert & fatality
an anrrual targii fer UTs rove been rate in µirsuanee of
reducing rood requested to prerme the directicns of
acx:1der< ";~ ffect
0
arnrn.l target based Conrnittee on
frcrn a date rnx Action Plan to raluce Road Sarety an1
later than 1" accident & fatality rate the repcrt to the
G Septerrber 201 7. in pursuance of Committee.
directioll'l of
Comnittee on Road
Safetv.

H
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 521
[MADAN B. LOKUR, J.]

District Road Safety Ministry of Road Order proposed: State A
Committee: All State Tran~-port & Govemnients n1ay be
Govenunents tnay be Highwa1s is in directed to constitute
directed to constitute agreement with the District Road Safety
District Road Safety suggestion. Committee 1-,,aded by
Canmittee headed by the tl1e Collector of tl1e
Collector of the District District as soon as B
which will fix target' for pa;sible lay down
reduction in accidents and respcmsibilities of said
fatality dependent upon corrnnittees. including
peculiar facts of the regular and periodic
District As suggested in n1eeting and report to the
the \vritten Note, District Committee on Road c
Road Safety Committee Saft1y. The statemm
could include made by the
Superintendent of Police, Govemtnent of indi a
Health Officers, PWD may kindly be taken on
Engineers, repr~entati\es reccrd and ordered.
of NHAJ and RTO of tl1e D
District

vii Engineering The Ministry is in Order proposed:
Impro\'ement: The agreement \vith the Prctocol for
Aniicus Curia? submits ·suggestion. l-Towever. Identification and
that one of the nnin the protocol has to be Rectification of Black
reasons for accidents is reviewed and updated Spots prepared by
E
poor quality of roads, fro1n time to tin1e MoRTI-1 at the instance
ilnproper design, l:ased on the of Cormnittee on Road
inadequate curve, experience ~ined. Safety lllaY be directed
inadequate depth and to be in1Jlemented by all
ina:iequate angle which ~-· concerned including
need to be maintained at NHAJ and •State
F
crocial junctions. At the GO"\.en1rnents in
inS:an<.-e of the consultation with the
Con1n1ittee on Road C'..onnnittee on Road
Safety. the MoRTH has Safety.
set up rrntocol for
identification and lt may be clarified that G
rectification of black the said protocol would
spots. TI1e said protocol be reviewed and updated
for rectifying black SjX)ts by MoRTH armual ly
for better road s:ifety is based on the experience
annexOO herewith as giined.
H
522 SUPREME COURT REPORTS [2017] 13 S.C.R.

A
I Annexure 'B' pages (28 The statement made by
to 29). This Hon'ble the Government of India
I Court may be pleased to may kindly be taken on

I
direct that the :san-.e be
enforced into i1runediatc
Ireead and crdered.
B effect by the NHAl, the

I Ministry of Road
Transron & High""y.; of I
Government of India as
well "' the PWD I
Dqiantrents of all State I'
c Govennnerts as \vell
their contractors. It is i
important that the saire is
also enforced in all
1
express\vays being
constructed on PPP 1ncxC.
D
Traffic I
Calming Ministry of Road Order proposed: This
i\tleasures: This Hon'ble Trrut'ip()rt & Hon'ble Court may
Court 1my further direct HighW<ly.; is in . direct that the State
the State Govem111ents to I agree1nent \.\-ith the Governments should
adopt Traffic Ca!mmg suggesnoo. 1 a<hpt Traffic Calming

E Me.asures at accident I M~ures at accklcrt
prone m;cas. jrn1ctirns of prore area<>, junctions of
lower hierarchy roads and~ I lower hierarchy roads
other wlnemblc spcts I with higher hierarchy
~t~e scl\ools, hospitals. I road; and other
vulrerable spcts like
F 1 I schools, lxi;pitals etc.,
) aOO subrnit district wise
C001Jliancc repocts to
I I the Conmittce on Road
, ISafety, as per the
I
1
directions of the
; Committee on periodic

I I~ Theby ;tatm':

L-.
l __ _ _
[
' IGovem1nent of India
lllaY kindly be takt.'tl on

_j_ ____~rec_oc_d_and_cr_dered_._ _
i'
H
DR. S. RA.TASEEKARAN (II) v. UNION OF INDIA & ORS. 523
[MADAN B. LOKUR, J.]

A
ix Roods Safety Audits: ln-}rinciple, the Order p~sed: This
This Hon'blc OJurt llllY Ministry JS in Hon'ble (hurt imy be
direct State Governirenls agreerrenl with the pleased to direct the
to cany 01.t rood safety suggestioo. Ho'.\ever, Central Government to:
audit< during design, there is a deficiency (i) Chn:!uct audit of
eonstructioo and cf qualifioo audilcrs 2 nllSI at'Cident prone
operation of roo:Is and in road safely stretcfles of B
also in respect of existing eqiineering in die highw.iys/expressw.iys
roods within a srccificd oomby. Effcrts arc in each State as a pilot
litre fram:. This audit l:cing mide by the programme, and present
m.JSt be carried out by Gi"'mrrent to build stmtegies for redicing
auditors accredited by cajllCity, by w.iy of lhe a::cidenls;
Nliional Road Safety <rJymizirg (ii) build capacity
Audit Board. This \\OlkshJps on mad arxl train at least 150
c
Nliional Road Safely safely eqiineering. nne auditors within the
Audit Boord ITT.Et oonsist road safety audit pcriod of next crie iear;
of Senicr Officers of the certification oourses The State
NHAI, MoRTil, of etc. It \\Ollld take Givemm:nts!Ufs llllY
rCSJ:l!Cli"' Stale son10 time to build up be directed to train at
Govemm:its as '.\ell as caplcity in the field least 25 such auditors D
Rood Safety fapern; ooo of road safety audit. within lhe I"rioo of next
arc tmired Rood Safely Therefurc, Stales nny on: year, and thereafter
Audilcrs. II is resµ:ctfully 1:e µmiitted to set conduct audits.
submitted that if roads their cmn targels fer The statement mire by
wcre propcrly corntructed .CCJYt>leting the mad the Govemm:nt of India
and m1irtained in this safety audits, as pcr 1my kindly be taken on
counby, as is cbne in the guidelines issuoo reccrd and crdered E
llllny ovcrsea; ccxmtries, by the Ministry from
rood aecidenls \\Ollld be tiire to time.
much less. 'M th rei;ntl to the
rcconm:ndation of
accrWitalion by
N!tiooal Road Safety
F
Audit Board, it is
staled that a pmpa;al
to create a National
Rood Safely Board
Ins bren iocoq=ted
in the Motor Vehicle
(Atrendm:nt) Bill, G
'.lll7. The bill has
teen Jn=! by Lok
Sabha The 1>m]DSCd
Boan! will deal with
all a~x:ct' of the road
safely.
H
524 SUPREME COURT REPORTS [2017] 13 S.C.R.

A x Engineering Design of The; road projects costing Rs. Order proposed: It
NC\v Roads: It rnay be 10.00 crore er more may be is prayed that this
directed by this Hon'ble of different types like re- Hon 'ble Court may
C'..ourt that no ne\v surfacing of the rood. be pleased to dire.1
row.Vproject costing reconstru:tion of bridges f the r00<l safety audit
nvre than R~. 10 ('roru; culverts, COfl\truction of including the design
should he undertaken retaining walls fOr protection stage audit should be
B unless the desibrt1 is of roack etc_ Such projects canied "OUt for all
Judited and the audit do not require the rood road capacity
recurnn1endation are safety audit. Therefore, aug:rrentalion
;n1plemenlied to lhe sp:cifying only cost c1itcria projects of 5 km or
satisfactiuI!l of the for carrying out roa::I safety 1nore.
aforen"l!ntioned National audits is not appropriate.
Road Safety Audit It is proposed that the rwd
c Board. safety audit including the
desi g)1 stage audit should be
I carried out for al I rood
capacity oogrnentation
f----+~~~~~--~~-+"'=-nrq~·~ec~1~s~o~f~5~k7n~1o~r~17n~or~e~.~-l-~~~~~~~-1
xi Working Gmup on The report of the Wcrki11g Order proposed:
Engineering: it is Group on Engineering This Hon 'ble Court
D . prayed that this Hon"ble (Roads) contai11s a detailed niay issue the
I Court n1ay pass an urdt.'f background discus.sion. l11e following directions
directing that reconunendations and as set out as below:
recun1111endatiuns of the suggested policies are l. Highways and
\Vorking Group on cootained in Para 4 of the urban road design
'1 Enginee1in~ as directed \Vorking Group Report. standards and
by tl1is Hon 'ble Court Many of these i,'llidelines will be
E (nra.rkcd as Anncxure reconirnendations are in the niade consistent
"(."' pag<S (30 to 38)) nature of general wmments. with the safety
re in1plen1ented In view of the above, require111ents and in
j thrthwith as dire<.icd by appropriate tune \Vith the
the Hon 'hie· C..ourt. reconm1endations based on intenlational best
Working Group Report practices on a
which can be JllSSed by continuous basis at
F I I Ion 'hie Supren1e Court as regular intervals.
i directions are brought out as 2. Conduct Road
belo\v: safety audits at
.. Higl1\vdys and urlnn different stages of
road design stan.iards <111d construction and
guidelines will be 111ade operation.
consistent with the satety 3. All road
G reguiren1ents and in u.u1e improvement
\vith the international be;t project'\ including
practices on a continuous resurfacing works
i OO.Sis at reb'l.llar intervdls. should have
provision of sib'llS &

H
I-~-· 1_. 1narkings as 'per 'The
requirenient">.
DR. S. RAJASEEKARAN (I!) v. UNION OF INDIA & ORS. 525
[MADAN B. LOKUR, J.]

A
Road safety audit<; 4. Adequate traffic
at different stages should cahning 111casurcs
be carried out depending : should be taken,
on the size I type of the : wherever ncoossaiy,
project for all the road · to enhance safety of
developn1ent projects. . vulnerable road
All road , users.
i1nprovement projt.-"Cts : 5. Rcco1nn1cndations B
including resurfacing of Road Safety
works should have Audits should be
provision of signs & in1plcirented, before
nnrkings as per the further work is
requiren1ents. undertaken on the
A&quatc traffic road concerned.
: cahning measures should 6. Standard Road c
be taken, wherever accident recording
necessary. to enhance & reporting formats
safety of vulnerable road should be evolved
1
u5ers. considering all
Existing stretches aspects of feasibility
of National J-ligln.\'ays & and nnnpower
State Highways not resources and be D
. covered in developn1ent published as
i projects on modes like standard dccun1t.'11t'l
· BOT/EPC should be , for adoption by all
subjected to Road Safety authorities at Central
; Audits in phased n1anner and State levels.
· through a tin1c bound 7. Speciali7Cd
progranl11'le. accident
Reco1n1nendations · investigation centres E
of Road Safety Audits shall be established
should he implen1ented to study a few
preferably within 2 years selected accidents
of sul:nnission of audit using accident
reports. reronstruction
Standard Road : techniques etc., and
acci&nt recording & the details to be F
reporting fonnats should preserved- in a data
; be evolved considering all base.
: ac;pects of feasibility and ; 8. lnstitutionali7.Cd
nnnpowcr resources and systern of database
he published as standard storage and
! documents for adoption by managerrent should
all authorities at Central , be <level oped for
and State levels. road accident data.
G
Specialized . A suitable web
acci&nt i1westigation based electronic
centres shall be e;tablished road accident data
to study a few selected ; collection!
acci&nts using accident ~
, recon.'itruction techni ues
H
526 SUPREME COURT REPORTS (2017] 13 S.C.R.

A i etc.,
and tl1e retails to be callJilation
ireserved in a data ba<ie. S)'>tem shall be
h1~titutimali2ed developed fix
system of databa.<ie staage and ccun1I)'Mde
nnnagenDJt should be fill'lC111C111atim
developed for rood accident 9. Centre of
B data A suitable ~b ba'led excellence fix
electronic road accident data road safety
: oollcction/conlJilatim S)Stem Research &
shall re de\Clcped fer Accident analyses
ooun1Iyl'1de impleirentatim. should be
II - Centre of excellence developed m
c for rood safe!y Research & Acadenlic
I Accident analyses shculd be fil~tution~ across
, developed in academic tlle OOWltty.
institutions across tl1e ccuntty.
Estabfo;hing synergy nu such !Ure as
retwectl various stake holders the NRSB
D (road authorities, acadenlia, becoires
enforeCJrent authcrities, reuth operatioml, the
a.ithoritics etc) in road safety alx>ve steps llIIY
· at central/ state level~ is being be takCll by the
slrived through National Road Go\Cl1Ul1Cllt in
Safety Council and State Road cm~ultation with
E , Safety Cow:cils. TI1ese should tl>e Collillittee on
Ix: strengthenoo and made Road Safety.
rol:ust to deli= the i1ttended
results.
Centre is extending suppat to
Road Safety Engineering
nllJroVt.~11C11ts m state roads
F
, tltrough specific sche1res to
oct a~ be1:clum1ks and mxrls
for further etlirts by states.
10% of Central Rood Fund
(CRF) allocatioos lnve beC11
eanmrked for Road Safety
G fllginrering works on state
roads tlYough Central Road
' Fund (State Roads)
A1rerrl111C11t Rules, 2016.
. Detailed guidelmes lnve also ['

H
I L-~-'-~~~~~~h!o::::;cn~1~·ss~u~ed~i~n~tm~·s~i~emnrliz:::=-~-'-~~~~~~
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 527
[MADAN B. LOKUR, J.]

A
xii Drive111' Training: 1his fu the Mltor Vehicle Order proposed:
Hm'ble Court rrey be (Atncndrrent) Bill, The Giwnm:nt
pleased to iSSlE a direction 2017,itispropcsedtbat of India and tl:e
that lieernes of all dri\L'l'S tbc transport chi'ing State
would be renewed after license is to be renewed Goveron:ents nny
every fi'" years and ''°ltld at an irtcnal of fi\'C be dim:ted to take B
be sul:Jject to thcir qwlifying years. such steps as
the stringent criteria It has been propa;ed in recomn:ended by
incluling teclmical tbe Mltor Vehicle the Con:nnittee on
efficiency, quality of driving, (Atrendrrent) Bill, Rood Safety in a
control over a vehicle and 2017 tbat th" central tin:e bound
oilier relevant factcrs. It fa Gi\cllllrellt may rrnke mumer to ernu:e
necessacy that any person rules fer sirh sclools illlJl'OVenllnt in c
"1D drives tbe "'hicle nust or est!blislnrents. Tu the qwlity of
be in complete cmnul of the efforts shall be made to dri\er training and
vehicle to re able to iJ11)!'0\C the q.iality of licensing
minimize the risk of an driving training by (including
accident. J"'cs:ribing detailed empha'iis m lane
It is submitted that only curriculum as '"'ll as dri\ing) a; ""11 as D
accreditoo dri\ing the infrastructure and in tho
schools should be autbcrized trainer req.1ireirents by infiasnucture and
to inµut training to tbe tbe D:hing Training the Uai1:er
learrers and recomren:I the. Schools. reqiirareots.
grant of perrmrent licen'>eS.
Such institutions nust h:m~ E
dri\ing teachers (a) witb not
less tban 10 years'
experience: (h) who ha'"
experience in driving all
kinds of vehicles; (c) \\>110
have tbe tbe requisite
learning "'hicle; (d) \\OO F
have adcq.Jate facilities and
take suitable n1.miier of tests
before tbe final license by a
public autbmity slnuld only
be qx>ll recommidation of
such an aocredited licensing G
institution Convuterized
dri\ing tests sllOuld be
rescrted for checking d'iving
skills.

H
528 SUPREME COURT REPORTS [2017] 13 S.C.R.

A xiii Lane Driving: 1l1is Court 1nay issue Ministry of Rood Order proposed:
a direction that all the State Transport & The State
Gove1nment would issue a Highways has Governrnents/
tnandatol)' circular that Jane driving already notified UTs n1ay be
\.Vil I he strictly insisted upon in all Mater Vehicles directed to strictly
parts of thi$ counny. Further, (Dliving) implement Motor
overtaking shaO be ooly according to Regulations 2017 Vehicles (Diiving)
B the protocols which are devised for vide G.S.R 634 (El Regulaticns 2017
the said purpose and contravention dated 23"' Jtme notified vide
1nay even resnlt in fotfeiture of his or 2017 which G.S.R 634 (E)
her license. rmndates the lane dated 23rJ Jmc
driving and also 20 I7 which
provides for the 1nandates the lane
f!'Olocol for driving ard also
c ove1taking. provides fer I.he
protocol for
overtaki112.
~iv Rood Safety Equipment: All the Bureau of Police Order Proposed:
State Govem1nenL"i will take steps to Research & All the State
ncquire and use catncras rn1d other Develq11ncnt Goverrnnents/UTs
surveillance cquip1nent according to (BPR&D) had may be directed to
D tl1e nonn~ suggested by the Ministry ~ernred a repo1t in take steps to
of Home Affairs to check and detect consultation with acquire and use
traffic violators. Further, this Statcs/UTs on the cameras and uth1.."T
Hon'ble Court 1nay direct that nonns for the surveillance
special patrol forces along the number of Traffic equipment
National Highways. Expressways Police and also for according to the
and the S~1te Highways be the Equipinent for nonns suggested
established. Tiie States 1roy also be identifying by the Ministry of
E
directed to take the following action'i violations of traffic Ho1ne Affairs in a
to the satisfaction of the UJ1runittce la\VS with reference phased tnanncr to
on Road Safety: to vehicle check and detect
(A) Fonnulate and enforce a 1x:.pulation of that traffic violators;
policy for the removal of all City/State and and may further be
hoardings and objects which obstnict submitted the same directed to set up
d1iving or distract drivers. to the Committee special patrol
F (B) Fonnu1ate and enforce a rn Road Safety in forces along the
policy for dztection and rcn1oval of the rnonth of National
encroaclm1ent on all ped~t1ian path September, 2015. HighWdyS.
which v.till cutl'ie any hindrance to Further, Committee Expressways and
pedcslrians and vehicles. on Rood Safety has die State
(C) Issue a direction that all fo1wardcd the Highways. This
driving licenses will be suspended report to all may be done in
G for a period of at least one year under States!UTs on 3ffh consuJtation wit11
Section 19 of the Motor Vehicles Act November. 2015 and to the
and Rule 21 of the CM\' for over (copy attached in satisfaction of the
speeding, red-light ju1nping. use of Annexure-Il) Corrunittee on
cellular phone while dJ.iving. over Road Safety.
loading, and using goods caniage for
fenving passen~rs.
L-~~~·~~-~-~~~-~~~~~~~~~~~~~--~~~~~~~~---
•
H
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 529
[MADAN B. LOKUR. J.]

xv Alcohol and Road Safety: As Minist1y has Order proposed: A
per the order dated I sh Mitten to the States No further orders
December 2016, by a judicial vide letter dated6"' are required at this
order passed in (State of April, 2017, for stage. The
Tamil Nadu v. K. Balu, compliance of the statement made by
(2017) 2 sec 281) rl1is orders of the the Government of
Hon'ble cmnt prohibited the 1-lon'ble Supreme lrxlia may kindly
grant of licences for the sale of Court. Ministry of be taken on record B
liquor along national arxl state Home Affai1> had arxl ordered
highways and o"'r a distance issL>::d an adviso1y
of 500 metres from the outer on road safety and
edge of the highway accidents to all rl1e
throughout the territoty of State&IUTs on 17'"
India. This Hon'ble Court may
ti.nther direct the State
December, 2015,
advising for snict
c
Govem1nents to ensure that the enfOrcenient of
said prohibition inposed by provisions of !PC
this Hon'ble Cou1t be and MY Act to
effectively implemented. prosecute and
Further, three fmmd d1i\1ng punish persons
under the influence of alcohol causing injury or . D
should be prosecuted under the death in offences
Motor Vehicles Act, I 988 as related to road
well as under the Indian Penal safety (detail
Code, 1860 within a tinle attach!d in
period fixed by this Hon'ble Annexuro-111).
Court.
xvi Rood Safety Education: The Ministry of Order E
Pursuant to recommendations Road Transport & proposed:Tlris
of the Committee m Road Highways is in Hon'ble Court
Safety, Road Safety Education agreement with tl1e 1my fwther direct
has already been included by suggestion. the State
CBSE in school curriculums. C'..ovemment&IUTs
This Hon'ble Comt 1my to ensure that
further direct the State Road Safety
F
Govemn1ents to ensrne that Education and
Road Safety Education and C.ounselling is
Counselling is also also ircotporated
incotporated into t1~ into the
curriculum of the State Boards. curriculum laid
oown by the State G
Boards by I"'
April, 2018.The
statement made by
the Government of
India 1my kindly
re taken on record
arxl ordered H
530 SUPREME COURT REPORTS (2017] 13 S.C.R.

A Speed Goveroors: It i' ( Mini>11y <f Rm! Order pll\l(JSed: State
prayed that Slate ' Tran;port & Highmiys Gaverrnrents he direct<Il
Governments he diro:tcd ms I already is:,uxl to take stCJE to emure
to take steps to ensire 91idelines for fit1rent of that "Pl''°'ed spew
that appro\\XI s-peed 3J:Pmved Speed Limited Glvernoo; !l"C fitted in
GovemoIB ai~ frtt<Il in O:vice (speed govemoIB) the existing transport
the existing tran.;JX1!1 m ~rt vehicles. The ve!icles and ghen
B vehicles and given suggesticn to upload the Unique Tdentificatim
Uni<pe ldcntification llique klentificatim Nmrlier. Th:se mniiers
Nurlier. Tht:se nunrns Nunber of the Speed should he uplooded in
should be uploaded in the Givemor in the VAHAN the VAHAN Dital:ese
VAHAN llitahise almg cbtata"' is accqtaHe. along "ith the de1ails of
\\ith the details of the the vehicle. The
vehicle. TI~ iffitru:::tiorn instructions i&soo:l ~
c is..'\uerl by (',Q111nittee on 1 Coimlittee on Roo:l
Rrnd Safety in this rcgaid I Safety in this regard llllY
1ruy kindly bc di11.xted to kindly be dilt!Cted to be
I
· l(Vu; ·
11
::.;~~ °''-~redicaihrespeciof strictlv folJcm<Il. _ _
the Trauma Oller proposed: This
C.n: As fur as I Gire Program"C bciqi Hon'ble Cbut 1my
Cll'CJgency ~ is nrpemented by Ministiy diroct tmt the State
D oonccm<rl, this Hon'l>e , <f Health & Farrily Govem1rent shall
O:urt nny direct tmt the W!lfru,,, a tctal mmier estoolish fur C"'1)'
State Givemm.'llt shall <f 116 Trau1rn Gire Disnict at least one
establish for eveiy Facilities (fCFs) -~ Tm11m Oire Centre
I
District at least one idct•ified 111d awroved \vith all m>dem mxlical
Tmunn Olre Centre \vith duing the 11 • Fhe Year facilities, an:l
all mJdem 1redical flan (FYP) and 81 TCFs rurbulances equipped
E
facilities, an:l '1!rbulances \\ere identified dining the "ith fot-<1id fuci!ity
equipped \vitll fi1't-aid 12'h FYP. It 1my further manred ~ trained {'lt"-
facility 1m1ncd I
by ho nutioned that \\ith n"Cdical staffsluuld also
trained I'Xilli-nlXiical ~taff l"C£i:ll'd to trdined par.t- be mid: available.
'hould alw be nme nulical staff for fu1her, District
availal:le I arrbulanccs, the ~strates <f ""-"IY
ltogrannr Dimiol\ the district 1my he direct<rl
F
Dircctcr Gencral of to ensure that sufficient
, Hoalth Sa-vices ha.5 JXJliicity is given in
developed tbc Pre- respect of cxistiqi
1
luspital Tra1J1m fucilitie&
'I Technician Cotmsc
CU1icu11J111. and the
G training is bci Ill
mOCrrnkcn in the three
Qntral Gi\ennrcnt
Hosptals of O:lhi.
' llllOCly Safdnjurg
I Hosfital, LHMC ruld l::t.

H [_ ---·--· _j~ H<hpital-si_oc_e~------·-
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 531
[MADAN B. LOKUR, J.]

xix Unhersal Accident The National Health Order Pr<posed: Tho A
Hflpline Number: This Mission ah-eacy ir<Mdcs Slate Cb=rcnts/Ufs
Hon'ble C'nurt 1my be for a all! centre nun:ber 1my be directed to
pl eased to olilir lhat tha"c (108), \\llich is being .trerg!hen tbe occid:nt
shall be cne Uni""'31 cxternively used in the helpline m.url:ier by
Acx:ident Helpline States for nxrlical pro,;ding adeqJate
Nw1:tier "'1ich should be eirerg,'tlcies indudirg fucilities. Tho Slate
estal:i ished by the acci"""1s. The ani:>ulanx C"'vennrents that ha"' B
Dqlart1rent of services are a1so not ITTJde ani:>ulanoe
Teleconnunication cperatioml in 1m<t of the services ~nitiom.I n11y
throll!hrut the country. states tlmmgh this call be directed to mso by
Further, a universal code oettre ruii:><r (108). 31" March 2018, ard to
fer arrb.ilanxs should be linth:::r dcvdop a
notified by the M<RlH code'n1'th<xl to utilize
servicx:s of all c
arnbularrcs in the area
xx Penmnett Road Safety The Mini;try of Rood Order~: Tho
Cdl: This Hon'ble Crut Transport & High\v.iys is oells have been set 14'
1my direct lhat Natioml in agreamnt with the and no lintber md:rs are
Higmays Aulhaity of &Ugge5.tiffi. required at ire;ent Tho
India 1rust lnve a Mini>ily of Rood statement made by tl1c
penmnent Rm! Safcty Trdll5]10rt & Highways as Govennrent of India
D
C'.cll cmsisting of suitable v.<:ll Natiornl Highways 1my kindly be taken on
engineers and q.ialified Authority of hla have reconl and ordtmi.
pen;onnd and \\hich shall c;1ablished rood safety
be c;1ablished on er engineering cells. All the
before 30"' SeJteni:>er, States!Ufs lnve also
2017. been requested to E
establish Rood Safety
Engineering Cell in their
Natiooal High\wys
Directcrate; by Minc'itJy
of Rood Tr!lll5]10rt &
High"""·
xxl Data Coll«tion: llis MiniS!l)I of Rood Order proposed: Ni F
Hoo'hle Crurt troy direct Trarnport & High'Mlys linther onlors are
that a conwteriw.l Ins already C\olved a required at this stag»
f mmt be rr"fllred by the now fmnat for reccrdirg H::)\.\ever, it 1my be
MoRTH for collecting accid:nt data & report. dirocted lhat the said
rood accident dita 1l1e fonmt is embled for fonmt cwl \<XI by 1he
thro~ lhe coun!l)I ca'l'utcri2ed data enny. MinL<try be strictly
and data so oollected State Gove1111rnt I Ufs followed G
should be nmc µiblic so lnve been '6ked to take TI1e ;tatcnmt mule by
that even m.'tli:>ers of tlic fUT1hcr a::ticm to col lcct tlie Govellllrent of India
public oould pur.rue and report the data in new nny kindly be taken on
rcnmial actions cr fonmt 1re Mnb1ly has reconl and """"'1.
research. hem 111aki ng the data
µiblic for infrnmtion of
all lhe ;tlkehllcbs. H
532 SUPREME COURT REPORTS [2017] 13 S.C.R.

A
xx ii GPS: Jt is sub1nitted that Ministry of Road Order proposed: This
it has been fourx:I that Transport & Highways Hon'ble Court may
use of GPS and GIS has already no ti tied vide direct that an public
niapping: cncotD"agcs G.S.R. No. 1095 (E) servic~ vehicles shall be
safety OOth for drivers dated 2s• November titted with location
and passengers. 2016 niarxlating the tracking device as
l11crcforc, it is prayed titincnt of \t:hiclc matt ioncd by Go! and
B that a direction be issued location tracking de\ice the said notification be
to all car nmufactures and en1ergency button in strictly llnplenJented.
that with effect front J' 1 all public service vehicles The statement 1nadc by
January 2018 tl1ey would exceit two \vh:elers., e- the Government of India
ensure that all vehicles ricksha\v, three \vheelcrs may kindly be taken on
are in.tailed with GPS and any transpm: vehicles reccrd and ordered.
and GTS. for \vhich no permit _is
c required under the Motcr
Vehicles Act, 1988.
Fitn~nt of GPS devices
on other vehicles would
be considered in due
course since this would
put additional cost burden
on the vd1idc o\\ncrs in
D tenns of oost of the GPS
""llinment.
xxiii Bus/Truck-Body Bus Body Code: Order proposed: No
Building Code: l11is Ministry of Road further orders are
Hoo'ble Court nny TranSJXlrt & High\\ays required at this stage.
direct tliat MoRTH nny has already notified the The statement made by
take suitable steps to bus body code vide the Government of India
E notify Bus/Truck-BOOy G.S.R No. 287 (E) dated may kindly be tikcn on
Bui !ding Code so that 22"d Apri I 2014. reccrd and ordered.
hencetOrth buses arxl Truck Body Code:
trucks OOilt on different !vfinistry of Road
cha'isis arc not found Transrort & High\\'llys
wanting in security airl has already notified the
safety features. truck body code vide
G.S.R. No. 1034 (E)
F dated 2"' November 2016
for vehicles regi&ered on
or after 1'1 Octolxr 2018.
XXi\' ABS, Air Bags and ABS: Ministry of Road Orden proposed: No
Headlights: It is prayed Transport & Highways further orders are
that a direction be issued has notified for the required
that in every nlOOcl of fitrnent of ABS in rrnccr
G car sold in India there cycles vide G.S.R No.
shall be Anti-Lock 3 to (E) dated 16'' March
Braking Systen1 a1xl air 2016 and for fotr
bags. Further a directicn wheelers vide G.S.R. No.
be issued that all n.vo- 120 (E) dated 1o••
\Vhccler n1<1.nufacturer February 2017 for ne1.\'
\Vill take recourse to models on or after 1"

H
DR. S. RAJASEEKARAN (11) v. UNION OF INDIA & ORS. 533
[MADAN B. LOKUR, J.]

"Automatic Headlights April 2018 and for A
On' sysrems. It is prayed existing nlOdcls on or after
that a direction be issued 1" April 2019.
that the State Air Bags: Ministry of
Govcmincnt inust not Road TranS'J'Olt &
allow vehicles with Highw.iys finalized a
in1ix:rnlissible headlights stan<lard AIS-145, which
to ply. is being notified. l11is
B
stardard would 1mndate
fiu11ent of Air Bags on all
the LMV passenger
vehicles.
Automated Headlights
On: .. Ministry of Road
Tnutspert & Highways has
c
notified vide:·o.s.It-. No.:
188 (E) dated 22.02.2016
for iitment of 'Automated
Headlights Oa' (AHO) in
two vmeelers
n1anufactured on or after D
I" April 2017.
xxv Crash Test: lt is The crash tests for all rlle Order proposed:
respectfully submitted Light Motor Vehicles No further orders
that in vie\V of the (LMVs) have been are necessary at
doubtful crash test of all notified by the Ministry this stage.
the LMVs. crash test in for itnple1ncntation. ·n1c The state1ncnt
Proper condirirns rnu11t tests are to be conducred made by the E
be undertcl<.cn in respect only by tllc testing Govenu11Cnt of
of LMVs by laboratories agcn:ies notified under India 1nay kindly
tlurt: are accredited. It is Rule 126 of tlic Central be taken on record
submitted that this Motor Vehicle Rules, and ordered.
Hm 'ble Court nuy 1989. 111e agencies are
further direct that all required to have their
vehicle testing agencies testing facilities accredited F
in India should be by National Accreditatirn
internationally Board for Testing and
accredited I reCOblilized Calibration
to ensure that crash tcslli Lalx>ratocics (NABL).
are genuinely andThe Ministry has issUt.>d
sincerely undertaken S.O. 1139 (E) dated
having ut1rost regard to 28.04.2015 and S.0. 2412 G
the wlue of human life. (E) dared 03.09.2015
This may be done by 1" ainending the Central
April 2018. · Motor Vehicles Rules,
1989 (CMVRs) notifying
the following crash
standards: - H
534 SUPREME COURT REPORTS (2017] 13 S.C.R.

A
Standards Date of
collvtl"1cement
I /validitv
Recpirenrnt New
fcr bel>1viour Midels-
of steering 1.10.2017
B
nrchanism of All
a vehicle in a Midels-
Head-On Ol.10.2019
Collision
per "'
AIS
0%2008
c Protecti en of New Models-
occupants in l.I0.2017
the event of an All Models-
offset Frorial 01.10.2019
Collision as
per AIS
D 098/2008
--
Approval of New Mirels-
vehicles with 1.10.2018
regiird to tl1e All Models-
Protecticn of 01.10.2019
O::cuparts in
E the event of a
Lateral
Collision
per "'
AIS
099!.2008
Approval of New Mxi!ls-
F Vehicles with 1.10.2018
regwd to the All Models-
Protecticn of 01.10.2020
Pedefilian and
other
i Vulirrable
Rood Usa-s in
G
the event of a
I Collision with
a Motor
I Vehicle a• per
I AIS 100'2010

H
DR. S. RAJASEEKARAN (ID v. UNION OF INDIA & ORS. 535
(MADAN B. LOKUR, J.]

17. We have heard learned Amicus Curiae as well as learned A
Additional Solicitor General. They have taken us through all the
suggestions made and the response of the MoRTH to these suggestions.
In view of the submissions, and keeping in mind issues of road safety
and the interest of those who may be unfortunate victims ofroad accidents,
we issue the following directions:
B
I.Road Safety Policy: Most of the State Governments and
Union Territories have already framed a Road Safety Policy.
Those that have not framed such a policy namely Assam.
Nagaland, Tripura, Delhi, Lakshadweep, Dadra and Nagar Havcli
andAndaman and Nicobar Islands, must now fonnulate the Road
Safety Policy by 31'' January, 2018. All States and Union
c
Territmies are expected to implement the Road Safety Policy
with all due earnestness and seriousness.
2.State Road Safety Council: All States have already
constituted a Road Safety Council in terms of Section 215 of the
Motor Vehicles Act, 1988. The Union Territories of Daman D
and Diu, Dadra and Nagar Haveli and Andaman and Nicobar
Islands have not constituted the Road Safety Council as yet.
We direct these Union Territories to constitute the State Road
Safety Council on or before 31" January, 2018. The responsibility
and functions of the Council will be as recommended by the E
Committee on Road Safety. The State Road Safety Councils
should periodically review the laws and take appropriate remedial
steps wherever necessary.
3.Lead Agency: Only a few States have established the Lead
Agency as recommended by the Committee on Road Safety in F
its communication of23"' December, 2014. The States and Union
Territories that have not done so should establish the Lead Agency
on or before 31"January,2018 in terms of the recommendations
made by the Committee on Road Safety. It may be mentioned
that the Lead Agency will act as the Secretariat of the State
Road Safety Council and coordinate all activities such as licensing G
issues including issues of driving licences, registration of vehicles,
road safety and features of vehicles, along with other allied
matters including emission norms and other activities as
mentioned in the communication dated 2J•d December, 2014.
H
536 SUPREME COURT REPORTS [2017] 13 S.C.R.

A 4. Road Safety Fund: Some of the States have already
established a Road Safety Fund. Those States and Union
Territories that have not yet established the Road Safety Fund
should do so not later than 31" March, 2018 and report back to
the Committee on Road Safety. The corpus of the Road Safety
Fund will be from the fines collected for traffic violations and
B
the Fund will be utilized for meeting expenses relating to road
safety.
5. Road Safety Actfon Plan: The purpose of a Road Safety
Action Plan is to reduce the number of road accidents, as well
as the fatality rate. ''r-he MoRTH has already requested all the
c States and Union Territories to prepare a Road Safety Action
Plan but it appears that the response to this has been somewhat
lukewarm. The State Governments and Union Territories are
therefore directed to urgently prepare a Road Safety Action Plan
by 3 l" March, 2018 and put it into action after giving it due
D publicity.
6. District Road Safety Committee: A District Road Safety
Collll1!littee is required to be set up by the .State Government for
every district in tenns of Section 215(3) Mthc Motor Vehicles
Act, 1988. As suggest<!\!. by the learned Amicus and agreed to
E by the MoRTH, the District Road Safety Committee should be
put in place by 31" January, 2018 and should be headed by the
Collector of the District and should include amongst others the
Superintendent of Police, Health Officers, Engineers of the
Public Works Department, representatives of the National
Highways Authority of India, the Road Transport Officer of the
F District and members of civil society from the District. The
District Road Safety Committee must hold regular and periodic
meetings to review road safety issues and take corrective
measures.
7. Engineering Improvement: It appears that one of the main
G reasons for road accidents is the poor quality of roads, improper
design. etc. The MoRTH is of the opinion that the protocol for
road desii,'11 and identification ofblack spots needs to be reviewed
and enforced. Accordingly, it is directed that the MoRTH should
publish a protocol for identification and rectification ofblack spots
H
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 537
[MADAN B. LOKUR, J.]

and take necessary steps for improving the design of roads to A
make them safe.
8. Traffic Calming Measures: It is suggested by the learned
Amicus that traffic calming measures must be adopted at accident
prone areas. This is agreed to hy the MoRTH. However, such
measures will need to be studied and then put in place. This is B
an on-going exercise which must be carried out by the Road
Safety Committee with the assistance of the MoRTH and other
stakeholders.
9. Road Safety Audits: There is agreement, in principle,
between the learned Amicus and the MoRTH to carry out Road c
Safety Audits. However, there appears to be a dearth of qualified
auditors in Road Safety Engineering. The MoRTH supports the
idea of capacity building. It is, therefore, directed that necessary
steps be taken by the Committee on Road Safety as well as by
the MoRTH to work in this direction since there can be little
doubt that an audit of road safety is essential to reduce the D
possibility of road accidents through corrective measures.
10. Engineering Design of New Roads: The MoRTH is of
the view, and the learned Amicus is also in agreement, that the
Road Safety Audit as mentioned above should include the design
stage audit of new road projects of 5 kms or more, rather than E
being based on the cost of the project. It is ordered accordingly.
11. Working Group on Engineering: The Working Group
on Engineering (Roads) has already submitted a Report which is
available with the Road Safety Committee as well as the MoRTH.
This Working Group was constituted pursuant to the decision F
taken in the meeting of the 12"' National Road Safety Council
held on 25"' March, 2011. The recommendations of the Working
Group should be implemented in the terms prayed for by the·
learned Amicus as well as those accepted by the MoRTH. These
will, of course, be in the nature of interim directions since the G
National Road Safety Board is likely to be created as proposed
in the Motor Vehicles (Amendment) Bill, 2017.
12. Drivers' Training: This is the subject matter of the Motor
Vehicles (Amendment) Bill, 2017 and no orders are required to
be passed in this regard.
H
538 SUPREME COURT REPORTS (2017] 13 S.C.R.

A 13. Lane Driving: The MoRTH has already issued Motor
Vehicles (Driving) Regulations, 2017 vide GS.R. 634 (E) dated
23n1June,2017.
The Notification should be implemented by the State Governments
and U111ion Territories strictly.
l:J
14. Road Safety Equipment: The Bureau of Police Research
and T~aining has already prepared a Report on the subject and
has submitted it to the Road Safety Committee in September,
2015. The recommendations in the Report should be implemented
including acquisition of cameras and surveillance equipments in
c detecting traffic and identifying violators. [t is also necessary to
set up special patrol forces along the National Highways and
State Highways for which necessary steps must be taken by the
State Governments and Union Territories.
15. Alcohol and Road Safety: The MoRTH has already written
D to the States to comply with orders of this Court in this regard.
1 he MoRTH may issue further advisories in this regard on a
quarterly basis during the calendar year 2018 so as to serve as a
reminder to the State Governments and Union Territories to
implement the directions of this Court.
E 16. Road Safety Education: The learned Amicus as well as
MoRT}! are in agreement that road safety education and
counselling should be incorporated in the curriculum by the State
Boards by 1" April, 2018. It is directed that the State
Governments may seriously consider this recommendation and
include Road Safety Education and Counseling as ·A part of the
F school curriculum at the earliest.
17. Speed Governors: Guidelines in this regard have already
been issued by the MoRTH. The MoRTH has agreed to upload
the Unique Identification Number of the speed governors in the
VAHAN database. This should be followed up by the MoRTH
G with expedition.
18. Emergency Medical Care: There is agreement that at
least one Trauma Care Centre should be set up in every district
with necessary facilities and an ambulance. The State
Governments and Union Territories should take up this
H recommendation at the earliest since it is on record that treatment
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 539
[MADAN B. LOKUR. J.)

soon after a road accident is crucial for saving the life of the A
victim. In this context, it may also be mentioned that this Court
has issued certain directions in Pt Parmana11d Katara v. U11io11
ofIndia' which should be followed.
19. Universal Accident Helpline Number: The MoRTH has
stated that there is already a call centre number, that is, I 08 B
provided by the National Health Mission. Due publicity must be
given to this so that an ambulance can be activated at the earliest
whenever necessary.
20. Permanent Road Safety Cell: All State Governments and
Union Territories have already been requested by the MoRTH c
to set up Road Safety Cells. The State Governments and Union
Territories should establish Permanent Road Safety Cells by 3 I"
January, 2018.
21. Data Collection: The MoRTH has already taken steps for
recording accident data and reports through computerised data D
entry. The State and Union Territories have been asked to take
further action in this regard and make the data public for the
information of all stakeholders. This needs to be followed up
and no further orders are necessary in this regard.
22. GPS : The MoRTH has already notified vide GS.R. No. E
1095 (E) dated 28ili November, 2016 mandating the fitment of
vehicle location tracking devices in all public service vehicles
subject to some exceptions. Since this has cost implications, the
MoRTH may assist the State Governments and Union Territories
to ensure that to the maximum extent possible and within the
shortest time frame, location tracking devices must be fitted in F
all public service vehicles as notified.
23. Bus/Truck-Body Building Code: This has already been
notified by the MoRTH with regard to buses vide G.S.R. No.
287 (E) dated 27ili April, 2014 and with regard to trucks vide
GS.R. No. 1034(£) dated 2'"November, 2016. No furtherorders G
are necessary in this regard.
24. ABS, Air Bags and Headlights: The MoRTH has already
notified for fitment ofABS in motor cycles vide GS.R. No. 31 O(E)

' (19891 4 sec 2&6 H
540 SUPREME COURT REPORTS (2017] 13 S.C.R.

A dated 16" March, 2016 and for four wheelers vide G.S.R. No.
120(E) dated 10"' February, 2017. As far as air bags arc
concerned a standard AIS-145 has already been notified. As
regards automated headlights, the MoRTH has notified vide
G.S.R. No. I 88(E) dated 22'" February, 20 ! 6 for fitment of
"Automated Headlights On" in two wheelers manufactured on
B
or after I" April, 2017. No further orders are required in this
regard except the faithful implementation of the various
notifications issued by the MoRTH.
25. Crash Test: This too has been notified by the MoRTH and
the test for all light motor vehicles is required to be conducted by
c the testing agency notified under Ruic 126 of the Central Motor
Vehicles Rules. 1989. No further orders are required in this regard
except the faithful implementation of the notifications and crash
standards issued by the MoRTH.
18. We make it clear that the directions given above arc those
D that have been ~greed upon by the parties before us and are in addition
to and supplement the directions already given in S.Rajaseekaran v.
Union oflndia12 We commend the efforts put in by the learned Amicus
Curiae and the Justice K.S. Radhakrishnan Committee on Road Safety.
We are confident that the directions given above, at their instance and
E with the support. cooperation and assistance of the MoRTH, will save
thousands oflives in road accidents and crores ofrupees in compensation
payable by the insurance companies - provided the directions are
faithfully and sincerely complied with.
19. We also make it clear that if there is any doubt or clarity
F required in implementing the directions given, the concerned State
Government or Union Territory is at liberty to move the Committee on
Road Safety.
20. We may note that none of the directions given by us or the
directions given earlier by this Court are difficult to comply with. In this
r; connection, we may draw attention to the excellent document prepared
by the Committee on Road Safety and the MoRTH titled "Consulting
Services to Audit the Imple111entation by the States of the Directions
Issued by the Committee on Road Safety - Group 4- Final Report"
concerning Haryana prepared in September 2017. The Report has

'r2014l 6 sec J6
H
DR. S. RAJASEEKARAN (II) v. UNiON OF INDIA & ORS. 541
[MADAN B. LOKUR, J.]

received considerable support from the Delhi Integrated Multi-Model A
Transit System Limited (DIMTS), Transportation Research and Injury
Prevention Programme (TRIPP), HT-Delhi and The Energy and
Resource Institute (TERI). It would be worthwhile if similar reports are
prepared and published so that roads all over the country are rendered
far safer than what they arc today.
B
21. List for further proceedings on 7'" February, 2018.

Nidhi Jain Directions issued.