S. Rajaseekaran vs Union of India and Ors.

Held: As regards safety of pedestrians, NHAI to start audit of existing footpaths, to identify the deficiencies in the existing footpaths, including the width, height, surface of the said footpaths, decide the remedial measures, including repair and road engineering improvement of the facilities, and fix a timeline for addressing the deficiencies – Existing pedestrian crossings to be carefully audited to ensure that they are compliant with the IRC Guidelines to the extent possible – Pedestrian subways and foot overbridges (FOBs) are often unsafe, poorly maintained, or inaccessible – Thus, direction for audit of existing pedestrian crossings-requirement of traffic calming measures as per IRC:35- 2015 and IRC:67-2012; signage to indicate the existence of pedestrian crossing, with high-visibility zebra markings, illumination of pedestrian crossings during night-time, road dividers to be placed in a manner to prevent pedestrians from crossing the road at any other place, condition and safety of pedestrian subways and FOBs, with upgradation measures including improved LED lighting, CCTV surveillance linked to command centres, clearly demarcated entry and exit points, panic buttons connected to local police stations – In school zones and other vulnerable corridors, authorities to systematically identify high-risk stretches using accident data, and implement context specific measures - raised crossings, zebra markings, traffic calming features, and deployment of trained crossing guards – Road owning agencies in the 50 cities in the Report on Road Accidents, 2023 and the NHAI to draw up an action plan and start phase-wise survey to assess the requirement of additional pedestrian crossing facilities – First priority be given to the road crossing at the Delhi High Court and the National Zoological Garden on the Mathura Road – State transport departments, municipal authorities, NHAI, and traffic police to strengthen implementation and monitoring of pedestrian safety measures – Simple and effective grievance redressal mechanism put in place by the PWD Department, Municipal Authorities and NHAI so that complaints pertaining to lack of maintenance of footpaths and the requirement of a pedestrian crossing, are addressed – State Governments/Municipal Authorities/NHAI to create an online grievance redressal mechanism – As regards wearing helmets, issuance of direction to all the State Governments, UTs and the NHAI to strictly implement the provisions of law relating to wearing helmets by two-wheeler drivers and passengers using two wheelers – Strict enforcement of these rules to be ensured through e-enforcement mechanism, cameras installed at various places – As regards unlawful and wrongful lane driving, State transport departments, traffic police authorities, and urban local bodies to take measures to enforce lane discipline by addressing unlawful or wrong-lane driving, including the use of automated cameras, graduated fines, coloured and textured lane markings for bus and cycle lanes, dynamic lighting, rumble strips, and tyre killers at critical conflict points – Development and publication of real-time dashboards on lane violations be explored to build public awareness, enhance compliance, and improve overall road safety – As regards white LED dazzling lights, red-blue strobe lights and unauthorised hooters, Ministry of Road Transport & Highways, State Transport Departments, and traffic police authorities to prescribe maximum permissible luminance and beam angles for vehicle headlights and ensure compliance through checks during PUC testing and vehicle fitness certification, while conducting targeted drives to penalize non-compliant or modified headlights – Complete ban on unauthorized red–blue strobe flashing lights and illegal hooters to be enforced through seizure, market crackdowns, and penalties, and, nationwide public awareness campaigns to be conducted to sensitize drivers and pedestrians about the hazards posed – States and UTs to formulate and notify Rules u/s.138(1A) of the MV Act for regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways – States and UTs to formulate and notify Rules u/s.210-D of the MV Act for design, construction and maintenance of standards for roads other than national highways – Motor Vehicles Act, 1988. [Paras 35-35.17]