SC urges Centre, all States to come up with swift response plan for safety of road accident victims

A bench of Justices Abhay S. Oka and Ujjal Bhuyan urged that all states and union territories must work on establishing a swift action protocol to ensure the safety of road accident victims.

"Road accidents in our country are on the rise. Reasons may be different. There are cases where victims who are injured do not get immediate help. There are cases where victims may not be injured, but they get trapped in vehicles. In short, the issue raised by the applicant is about the obligation of the state to develop machinery that will provide a swift response to the victims. Though it will be difficult at this stage for this court to issue mandamus, nevertheless, the States must take effective steps for swift response protocols with the object of ensuring safety, which will help victims", the bench noted.

After considering the aforesaid issues, the top court granted States and UTs 6 months to file a response. The court was informed by the Additional Advocate General that the National Highway Authority of India (NHAI) has worked on the subject and has come up with a protocol regarding road safety measures. Noting the same, the bench said, "The note is taken on record. NHAI is directed to forward copies of the note to the States and UTs."

The court went on to direct the NHAI to file an affidavit listing the steps to be taken in this regard within six months from today. The States and UTs shall be guided by the protocol forwarded by NHAI.

In the same case, an applicant raised another issue regarding the constitution of a National Road Safety Board.

The Court noted that the Board has remained on paper, and officials have not yet been appointed to such boards.

"The Motor Vehicles Act which provides for the constitution of the National Road Safety Board. However, as indicated in the notes submitted by Amicus, the board has remained on paper. Chairpersons and members haven't been appointed", the court noted.

Thus, it proceeded to pass a direction to the Centre to file an affidavit indicating an outer limit by which the board will be constituted. It directed that such an affidavit be filed in two weeks.

Another concern brought before the Court related to the automatic abatement of proceedings under certain provisions of the Uttar Pradesh Motor Vehicles Act, which results in traffic offenders going scot-free if fines are not paid within a stipulated period.

As regards the aforesaid, the bench called for a response from the State of Uttar Pradesh.

"This IA will require the response of the State of UP. Prima facie, it appears to us that the effect of the UP Act is that if a person allegedly commits an offence and does not pay a fine, after a lapse of time, the proceeding automatically abates. Result is that traffic offender is left free", the bench noted in its order.

Additionally, the court was also asked to consider another issue regarding the working hours of drivers in the transport sector.

The Court noted that there are provisions in the Motor Vehicles Act that restrict drivers to working 8 hours a day and 48 hours a week. However, it stated that such provisions lack implementation.

Thus, it directed the Ministry of Road Transport and Highways to hold meetings with departments from all states and union territories to devise effective strategies for the implementation of such provisions. It also directed the concerned Ministry to gather reports from the states and UTs regarding the enforcement of provisions related to drivers' working hours.

"All states must submit their reports to the Ministry of Road Transport and Highways by the end of August", the court said.

Moreover, noting that the annual report on road accidents for 2023 hasn't been published yet by the government, the Court directed the Ministry of Road and Highways to submit the same by August 2025. The Court directed that such annual reports be published within six months to ensure timely public access to road safety data.