The Union government has recently reassured the Bombay High Court that the implementation of FASTag as a mandatory feature for all vehicles does not violate a citizen’s fundamental right to freedom of movement. This follows a Public Interest Litigation filed challenging the government’s decision to make FASTag, an electronic toll collection chip, obligatory at all toll plazas on national highways.
Understanding FASTag
FASTag is a reloadable tag allowing automatic toll deductions, negating the need to stop for cash transactions. The tag operates using Radio Frequency Identification (RFID) technology and is placed on the vehicle’s windscreen once activated. RFID uses radio waves to read and capture information stored on a tag attached to an object. There’s no need for the tag to be within the reader’s direct line-of-sight – it can be read from several feet away.
The Government’s Stand on FASTag
The Union government believes that FASTag ensures seamless traffic, reduces travel time, and complies with the Central Motor Vehicles (CMV) Rules. According to Section 136A of the Motor Vehicles Amendment Act 2019, the Central Government must create rules for electronically monitoring and enforcing road safety. A strong electronic enforcement system involving speed cameras, CCTV cameras, speed guns, and other technology will ensure greater scale of violations capture. Reduced human intervention also minimizes associated corruption.
Implementation of FASTag
Toll plazas along national highways are equipped to fit vehicles without FASTag with the chip. In cases where immediate installation isn’t possible, vehicles can still ply on highways, specifically on the extreme left of the FASTag lanes. However, such vehicles must pay double the toll amount. The double user fees or penalties imposed on vehicles without FASTag on national highways are in accordance with the National Highway Fee (Determination of Rates and Collection) Rules, 2008. Entertaining contrary petitions could cause “irreparable loss” to the National Highways Authority of India.
Right to Freedom of Movement
The Right to Freedom of movement is assured under Article 19 of the Indian Constitution. This grants every citizen the ability to move freely within the country’s territory. The right is shielded from state action, not private individuals, and applies only to citizens and company shareholders, not foreigners or legal entities such as companies or corporations. Only two grounds can impose restrictions on this freedom, both mentioned in Article 19 – the interests of the general public and the protection of any scheduled tribe. Restrictions aim to preserve the distinctive culture, language, customs, and traditional occupations of scheduled tribes from exploitation. Prostitution-related movement can be restricted for public health and morality reasons. The freedom of movement includes internal (within the country) and external (leaving and returning to the country) dimensions. Article 19 protects the first dimension whereas Article 21 handles the right to life and personal liberty, covering the second aspect.
