Right to Safe Travel on Highways is part of Article 21: SC
Why in News?
The Supreme Court of India has ruled that the Right to Safe Travel on National Highways is integral to the Fundamental Right to Life (Article 21). The Court has issued a series of nationwide directions to strengthen highway safety.
| UPSC Relevance: GS-2 Polity and Governance: Fundamental Rights Prelims: Right to Safe Travel on Highways; Key facts about Article 21. Mains: Expanding horizons of the right to life and personal liberty. |
Right to Safe Travel on Highways is part of Article 21:
Key Aspects of the landmark ruling:
- Expanding the scope of Article 21, the bench clarified that:
- Right to Life is not merely a negative guarantee against unlawful deprivation of life but imposes a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.
- The safety of the commuter is an integral facet of the Right to Live with Dignity, and hence, the State must take proactive steps to eliminate risks that endanger road users.
- The ruling highlights that accidents caused by illegal parking, improper design, and preventable hazards reflect a failure of the State’s constitutional obligation to protect life.
Key Directions issued by the Supreme Court:
SC issued a series of nationwide directions aimed at strengthening highway safety mechanisms:
- Regulation of Roadside Commercial Activities:
- Prohibition on unauthorised construction or operation of dhabas, eateries, and commercial establishments within the Right of Way (ROW) of national highways.
- Licensing authorities must not grant or renew licences/NOCs for such establishments without prior clearance from NHAI/PWD. Existing licences in violation must be reviewed within 30 days.
- Parking and Traffic Discipline: No heavy/commercial vehicle shall park/stop on any national highway carriageway or paved shoulder, except at a designated bay, lay-bye, or wayside amenity.
- Institutional Enforcement Mechanism: District Magistrates (DMs) are designated as the nodal enforcement authority. Directions include:
- Removal/demolition of unauthorised structures within a specified period (60 days), under the Control of National Highways (Land and Traffic) Act, 2002.
- Constitution of a District Highway Safety Task Force comprising: District administration, Police, NHAI / highway authority, PWD and Local bodies.
- Technology-driven Enforcement: Enforcement through the use of Advanced Traffic Management System (ATMS) real-time alerts to State Police, GPS-timestamped photographic evidence, and integrated e-Challan generation.
- Compliance and Monitoring: Ministry of Road Transport and Highways (MoRTH) to compile data from states and agencies and submit a compliance report to the SC within a fixed timeline (75 days).
National Highways represent only 2% of India’s road network, but they account for roughly 30% of all road fatalities. Constitutional governance requires more than reactive measures after accidents occur; it demands anticipatory action to remove known dangers from public infrastructure.
Article 21: Right to Life and Personal Liberty:
- Article 21 (Protection of life and personal liberty): No person shall be deprived of his life or personal liberty, except according to procedure established by law. This protection applies to any person within India, including non-citizens, tourists, and immigrants.
Interpretation of Right to Life and Personal Liberty:
- Narrow Interpretation: In A.K. Gopalan v. State of Madras (1950):
- The SC held that “personal liberty” meant only freedom from physical detention or imprisonment. Fundamental Rights (FR) were seen as isolated compartments, i.e., each FR in Part III operated independently of the others.
- The procedure established by law was interpreted literally. Any law enacted by the legislature, even if arbitrary, was considered valid.
- Landmark Shift: Maneka Gandhi v. Union of India (1978):
- Established that Fundamental Rights (Article 14, 19, and 21 → Golden Triangle doctrine) are interconnected, not mutually exclusive.
- Expanded the meaning of personal liberty beyond mere physical restraint.
- Introduced the concept of “just, fair and reasonable” procedure. Substantive due process was introduced in India.
Expansion of Rights under Article 21: Living Constitution in Action
Post-Maneka Gandhi case, the SC treated the Constitution as a living document responsive to the evolving needs of human dignity. The following rights were progressively recognised:
| Landmark Rulings | Expansion of Rights under Article 21 |
| Right to Livelihood: Olga Tellis v. Bombay Municipal Corp. (1985) | Eviction of pavement dwellers without due process violates Article 21, as livelihood is inseparable from life. |
| Right to Health and Medical Care: Paschim Banga Khet Mazdoor Samity (1996) | The State must provide adequate medical facilities; denial of emergency treatment violates Article 21. |
| Right to Education: Mohini Jain v. State of Karnataka (1992) | Right to life under Article 21 includes the right to education, as education is essential for human dignity. Later codified by the 86th Amendment (Article 21-A). |
| Right to Clean Environment: Subhash Kumar v. State of Bihar (1991) | Right to life includes the right to live in a pollution-free environment. |
| Right to Privacy: K.S. Puttaswamy v. Union of India (2017) | Privacy is a fundamental right intrinsic to life and personal liberty. |
| Right to Speedy Trial: Hussainara Khatoon v. State of Bihar (1979) | Prolonged undertrial imprisonment violates the right to personal liberty; speedy trial is a constitutional mandate. |
| Right to Die with Dignity: Common Cause v. Union of India (2018) | Passive euthanasia and advance medical directives recognised; right to a dignified death is part of Article 21. |
UPSC Mains PYQ 2021
Q. “The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty.
UPSC PYQ 2018
Q. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution
(b) Article 17 and the Directive Principles of State Policy in Part IV
(c) Article 21 and the freedoms guaranteed in Part III
(d) Article 24 and the provisions under the 44th Amendment to the Constitution
Answer: (c)