SC orders states, UTs to frame rules for pedestrian safety within six months

Delhi: Amid the rise in road accidents, the Supreme Court delivered a set of final directions concerning pedestrian safety on roads and footpaths, covering matters such as the wearing of helmets, wrong-lane driving, and the use of unauthorised hooters on vehicles. The directions came in a long-standing writ petition related to pedestrian safety.

The apex court directed all States and Union Territories to frame Rules under Section 138(1A) of the Motor Vehicles Act in the interest of road safety, specifically to regulate the movement and access of non-mechanically propelled vehicles and pedestrians on public roads and national highways.

Additionally, the States and UTs were instructed to formulate Rules under Section 210D of the Act to ensure proper design, construction, and maintenance standards for roads other than national highways. The Court mandated that all such Rules be framed within six months.

The Bench, comprising Justice JB Pardiwala and Justice KV Viswanathan, while pronouncing the order, addressed amicus curiae and Senior Advocate Gaurav Agarwal, noting:

"We have talked about the staturory provisions which have the bearing on safety of pedestrians, the provisions of the Motor Vehicle Act, more particularly, Sections 138(Power of State Government to make rules), 198A(Failure to comply with standards for road design, construction and maintenance), 210C(Power of Central Government to make rules), 210D(Power of State Government to make rules) then we have also discussed central government's exercise of powers under Section 210C has framed the Rules, 2020.

"Then, we have talked about guidelines for pedestrian safety, the second revision, June 2022, published by the Indian Roads Congress, and then we have talked about how proper and well-maintained footpaths is judicially recognised by Olga Tellis and other few judgments and implementation of the IRC Guidelines, requirement of wearing helmets, wrong lane driving and unsafe overtaking and then we have issued final directions in relation to satefy of pedestrians that is pavement and pedestrian crossing and we have also taken care of the problem arising near Delhi High Court which you talked about and we have issued directions that you should concentrate on that part. And, directions relating to white LED lights, red, blue and unauthorised hooters," said the court.

Reiterating its directions, the Bench said:

"We direct all States and UTs to formulate Rules under Section 138(1A) of the Motor Vehicles Act within a period of six months, if not already framed, for the purpose of regulating activities and access of non-mechanical propelled vehicles and pedestrians to public places and national highways. We direct all States and UTs to formulate and notify Rules under Section 210D of the Act within a period of six months, if not already framed, for design, construction and maintenance of standards for roads other than national highways."

Following the pronouncement of the order, Justice Pardiwala remarked that the effectiveness of these measures would depend on their implementation.

This writ petition, which has been ongoing for several years, has seen the Court consistently issuing directions to enhance pedestrian safety. In May 2024, the Court observed that the right to use footpaths and footways forms an essential component of the right to life under Article 21 of the Constitution. It had also directed States and UTs to create guidelines ensuring that footpaths are accessible and usable for persons with disabilities.

(With Live Law inputs)