In a landmark order aimed at transforming India’s urban and highway safety landscape, the Supreme Court has issued a comprehensive set of nationwide directions to safeguard pedestrians, enforce lane discipline, regulate dazzling headlights and ensure strict compliance with helmet rules.
A bench comprising justice JB Pardiwala and justice KV Viswanathan emphasised that the right to walk on safe, unobstructed footpaths is a fundamental right under Article 21 of the Constitution. “Safe and encroachment-free footpaths are vital for the movement of pedestrians. Therefore, National Highways Authority of India (NHAI), state governments, and municipal authorities have a duty to ensure that footpaths are built properly and pedestrians are provided safe opportunities to cross the streets,” the bench observed.
The order, delivered in a public interest litigation (PIL) filed in 2012 by orthopaedic surgeon and road-safety advocate Dr S Rajaseekaran, lays the foundation for a nationwide framework to make Indian roads safer and more pedestrian-friendly.
The Court’s 88-page order directs authorities to implement measures in five key areas — pedestrian safety, safe crossings, helmet enforcement, wrong-lane driving and misuse of high-beam light-emitting diode (LED) lights, strobe lights, and vehicle hooters. It also mandates that all states and Union Territories (UTs) frame rules within six months under Sections 138(1A) and 210D of the Motor Vehicles Act, 1988, to regulate non-motorised users and set uniform road design and maintenance standards.
Citing official data showing that more than 35,000 pedestrians were killed in road accidents in 2023, the bench described pedestrian safety as a 'national priority'. It directed NHAI and road-owning agencies in 50 major Indian cities to audit all footpaths and pedestrian crossings, starting with crowded areas such as markets, schools, railway stations and places of worship and to identify accident-prone zones where pedestrian deaths have been recorded in the past three years.
Authorities have been instructed to conduct detailed audits to assess the width, height and surface condition of footpaths, identify any encroachments and establish timelines for repairs or redesigns. The court directed the phased deployment of automated camera-based monitoring systems, installation of bollards and guardrails and regular clearance drives backed by photographic documentation to ensure pedestrian safety.
Existing pedestrian crossings, including underpasses and footbridges, must be reviewed for compliance with the Indian Roads Congress (IRC) standards. The bench observed that many such crossings remain unsafe or poorly maintained, forcing pedestrians to risk their lives crossing at-grade. The order calls for enhanced lighting, CCTV surveillance, panic buttons linked to police stations and clear signage at crossings.
The Supreme Court directed all states, municipalities and NHAI to establish an online grievance mechanism where citizens can report footpath encroachments, damaged crossings, or lack of facilities. These complaints must be addressed within a specified time frame, with an escalation channel available for unresolved cases to be directed to senior officers. District road safety committees have also been tasked with taking up pedestrian safety as a standing agenda item in their monthly meetings.
Significantly, the Court clarified that Section 198A of the Motor Vehicles Act should be invoked to hold officials and contractors personally liable for pedestrian deaths resulting from design or infrastructural failures.
Expressing alarm at official data showing that over 54,000 two-wheeler riders and passengers died in 2023 due to not wearing helmets, the bench directed all states, UTs and NHAI to enforce helmet rules strictly through e-surveillance cameras and regular challans. The Court ordered authorities to furnish data on penalties, fines collected and licences suspended for non-compliance.
The SC directed state transport departments and traffic police to curb wrong-lane driving through automated cameras, graduated fines and the use of coloured and textured lane markings, dynamic lighting, rumble strips, and tyre killers at key intersections. Authorities were also encouraged to publish real-time dashboards on lane violations to build public awareness and transparency.
Taking serious note of the rising misuse of high-intensity headlights, strobe lights and siren-like hooters, the Court directed the Union ministry of road transport and highways (MoRTH) and state transport departments to prescribe permissible luminance and beam angles for vehicle headlights. These standards are to be enforced during pollution under control (PUC) testing and fitness certification.
The order imposes a blanket ban on unauthorised red–blue flashing lights and illegal hooters, calling for market crackdowns, seizures and penalties. It also directs the Union government and states to conduct nationwide awareness campaigns to educate drivers about the dangers posed by such equipment.
The bench made clear that it will continue to monitor the implementation of these directions and has scheduled the matter for review after seven months. The judgement also recorded appreciation for senior counsel Gaurav Agrawal, who served as amicus curiae in the case for a decade, calling his contribution a 'yeoman service in a sensitive and vital area'.
By reiterating that access to safe, unobstructed footpaths and crossings forms part of the fundamental right to life under Article 21, the Supreme Court has effectively embedded pedestrian safety within India’s constitutional fabric. The ruling marks a decisive shift from viewing road safety as an administrative issue to recognising it as a constitutional obligation.
Justice Pardiwala, while pronouncing the order, remarked that while the Court has laid out a comprehensive framework, its success now depends on 'how effectively the guidelines are implemented'.
With the Supreme Court’s intervention, India now has a uniform, enforceable roadmap for safer roads — one that prioritises its most vulnerable users: pedestrians, cyclists and two-wheeler riders.
