A Coimbatore-based orthopaedician's PIL on Thursday led to the Supreme Court to insist on all States and Union Territories to frame a Road Safety Policy and the setting up of a lead agencies to work as secretariats of State Road Safety Councils to co-ordinate on activities such as licensing issues like driving licences, registration of vehicles, road safety and features of vehicles.
The judgment by a Bench of Justices Madan B. Lokur and Deepak Gupta came on a petition filed by Dr. S. Rajaseekharan, the president of the Indian Orthopaedic Association and chairman and head of department of Orthopaedic Surgery, Ganga Hospital in Coimbatore.
The verdict records Dr. Rajaseekharan's account of how he, in his professional capacity, witnesses the acute loss of life and limbs caused by road accidents. The orthopaedician told the Supreme Court that 90 per cent of the problem of deaths due to road accidents was the result of a lack of strict enforcement of safety rules on roads and strict punishment for those who do not obey rules.
“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,” Justice Lokur, who authored the verdict, agreed with the doctor.
The court noted that insurance companies had spent ₹ 11,480 crores by way of road accident compensation in 2015-16. As on November 7, 2016, there was one death almost every three minutes due to road accidents. Only half the number of families of these victims were compensated.
This was despite the apex court's intervention and setting up of a committee on road safety under former Supreme Court judge, K.S. Radhakrishnan.
The court found that most of the States and Union Territories have already framed a road safety policy, though Delhi, Assam, Nagaland, Tripura, Delhi, Lakshadweep, Dadra and Nagar Haveli and Andaman have not. The court gave them time January 31, 2018.
Likewise, the Union Territories of Daman and Diu, Dadra and Nagar Haveli and Andaman and Nicobar Islands have not constituted the Road Safety Council as yet. These Union Territories were given time till January 31, 2018. The Justice Radhakrishnan panel would fix the responsibility and functions of the councils. These councils would periodically review the laws and take appropriate remedial steps wherever necessary. Similarly, lead agencies and district road safety committees should be established by January 31, 2018.
The court has made it mandatory for States and Union Territories to establish Road Safety Fund, the corpus of which would come from traffic fines collected. The money would be used to meet the expenses for road safety.
The court has also directed framing Road Safety Action Plans by March 31 to reduce the number of road accidents, as well as the fatality rate.
The Union Ministry of Transport has been asked to frame a protocol for road design, road quality and identification of black spots. The ministry should implement “traffic calming measures” at accident spots.
“It appears that one of the main reasons for road accidents is the poor quality of roads, improper design, etc,” the court observed.
Other measures include setting up of emergency medical care centres in every district, a universal accidental helpline number and permanent road safety cell, among others.
The court said it would review the situation in February 2018.
