The Supreme Court of India on 13 April 2026 held that the right to safe road travel is part of the Right to Life under Article 21 of the Constitution. The order was passed by a Bench of Justices J.K. Maheshwari and Atul S. Chandurkar in a suo motu matter linked to road accidents in November 2025 in Phalodi, Rajasthan, and Rangareddy, Telangana, which caused 34 deaths.
Article 21 And Road Safety
Article 21 protects the right to life and personal liberty, and the Supreme Court has linked this guarantee with safe movement on public roads. The ruling places road safety within the constitutional framework used for enforcement of fundamental rights in India.
National Highways And Accident Data
National Highways form about 2% of India’s total road length and account for nearly 30% of road accident deaths. National Highways are arterial roads maintained under the National Highways Act, 1956, and they connect major cities, ports, state capitals, and strategic locations.
Safety Zones And Highway Regulation
- The Court prohibited the construction or operation of any new dhaba, eatery, or commercial structure within the Right of Way of any National Highway.
- District Magistrates have been directed to remove unauthorised structures within highway safety zones within 60 days.
- No department, authority, or local body can grant or renew a licence, no-objection certificate, or trade approval for a site in a highway safety zone without prior clearance from the National Highways Authority of India or the Public Works Department.
- Heavy and commercial vehicles cannot park or stop on a National Highway carriageway or paved shoulder except at designated bays, lay-bys, or wayside amenities.
District-Level Enforcement Mechanism
A District Highway Safety Task Force has been ordered to be constituted in every district within 15 days. The task force is meant to monitor compliance with highway safety protocols and coordinate with district administration, police, and road agencies.
Related Constitutional And Statutory Terms
The Right of Way is the land reserved for a road and its safety-related clearances, and it is used for carriageway, shoulders, drains, and utility corridors. The National Highways Authority of India functions under the National Highways Authority of India Act, 1988, and the Public Works Department handles road works in many states. The case is listed for further hearing in June 2026. Article 21 has been used by the Supreme Court in several cases involving health, environment, and public safety.
Last Modified: April 27, 2026