Right to safe travel on highways: Right to Life

On April 13, 2026, a Bench of Justices J.K. Maheshwari and Atul S. Chandurkar delivered a landmark judgment in the case In Re: Phalodi Accident.

  • The Incident: The court took suo motu cognizance of two horrific accidents in November 2025 in Rajasthan (Phalodi) and Telangana (Rangareddy), which resulted in 34 deaths.
  • The Cause: The fatalities were linked to illegal roadside parking near dhabas and infrastructural lapses (potholes), rather than just “driver error.”

The Constitutional Core: Article 21

The Supreme Court held that the “Safety of a Commuter” is an integral facet of the Right to Live with Dignity under Article 21.

  • Shift from Negative to Positive Right: Traditionally, Article 21 was a “negative right” (State shall not take life). This ruling establishes it as a “positive mandate”: the State must actively create a safe environment to preserve life.
  • State’s Protective Umbrella: The court observed that highways must not become “corridors of peril” due to administrative lethargy.
  • Accountability: Administrative or financial constraints can no longer be used as an excuse by the State for failing to maintain safe roads.

Key Directions Issued by the Court

Using its extraordinary powers under Article 142, the Court issued mandatory, pan-India interim directions:

AreaMandatory Action
EncroachmentsImmediate demolition of unauthorized dhabas/structures within the “Right of Way” of National Highways within 60 days.
Illegal ParkingHeavy vehicles strictly prohibited from parking on highway shoulders. Enforcement via ATMS (Advanced Traffic Management System) and GPS-linked e-challans.
Emergency InfrastructureDeployment of Basic Life Support (BLS) ambulances and recovery cranes at every 75 km interval.
Blackspot FixingIdentification and rectification (lighting/signage) of high-risk accident spots within 45 days.
Local CommandCreation of a District Highway Safety Task Force led by the District Magistrate in every district within 15 days.

Statistics and Significance

  • The Paradox: National Highways (NHs) constitute only 2% of India’s road length but account for nearly 30% of all road fatalities.
  • Shift in Liability: The judgment paves the way for Tort Liability. Victims can now sue the State for damages under constitutional law if accidents occur due to poor road maintenance (potholes/unlit hazards).
  • Fast-Tracking Tech: It mandates the use of FASTag-linked weighbridges at tolls to automatically penalize overloaded vehicles (Double toll for 10-40% excess; 4x for >40%).

Life vs. Dignified Life

The SC has consistently ruled that the right to life includes all those aspects of life which go to make a man’s life meaningful, complete, and worth living.

  • The Threshold: It is not just about staying alive (breathing); it is about the quality of that life.
  • The “Maneka Gandhi” Turning Point (1978): Before this case, Article 21 was seen as a protection against arbitrary executive action only. The SC ruled that any law depriving a person of liberty must be “just, fair, and reasonable.” This gave birth to the modern interpretation of dignity.

Landmarks of “Dignified Life” (SC Defined)

To understand what “Dignity” actually means in a legal sense, we look at the rights the Supreme Court has read into Article 21:

Case / PrincipleRight IdentifiedMeaning of Dignity in this Context
Francis Coralie Mullin v. UT of Delhi (1981)Basic NecessitiesDignity includes the right to at least the bare necessities of life: adequate nutrition, clothing, shelter, and facilities for reading and writing.
Bandhua Mukti Morcha (1984)Freedom from BondageDignity is impossible in a state of slavery or forced labor. The State has an obligation to ensure workers aren’t exploited.
Justice K.S. Puttaswamy (2017)Right to PrivacyDignity is the core of the individual. One cannot live with dignity if their private life is constantly under state surveillance.
Common Cause v. Union of India (2018)Right to Die with DignityThe SC recognized “Passive Euthanasia,” stating that the right to a dignified life includes the right to a dignified death (not being kept on life support indefinitely against one’s will).
Navtej Singh Johar (2018)Sexual AutonomyDecriminalizing Section 377; the court held that dignity includes the right to choose one’s partner and express one’s identity.

Components of Article 21 and Dignity

For your UPSC preparation, remember that Article 21 is an “umbrella” right. Living with dignity includes:

  • Environmental Dignity: Right to clean air and water (M.C. Mehta).
  • Social Dignity: Right against public hanging or handcuffing (Prem Shankar Shukla).
  • Economic Dignity: Right to livelihood; if you can’t earn, you can’t live with dignity (Olga Tellis).
  • Legal Dignity: Right to a speedy trial and free legal aid.
  • Safety Dignity: The recent 2026 ruling that Safe Travel on Highways is a part of Article 21 because preventable accidents violate the sanctity of life.

Why is this significant?

The “Right to Live with Dignity” changes the State’s role from a policeman (preventing crime) to a provider (ensuring welfare).

  • If a citizen is forced to live in a slum without sanitation, the State is arguably failing to protect their Article 21 rights.
  • It serves as the basis for the Directive Principles of State Policy (DPSP) being read as mandatory in many cases to fulfill the promise of dignity.

UPSC Practice Questions

For Prelims (PT)

Q. With reference to the recent Supreme Court judgment on road safety, consider the following statements:

  1. Safe travel on highways is now recognized as a fundamental right under Article 21 of the Constitution.
  2. The Supreme Court invoked Article 142 to issue mandatory nationwide guidelines for highway safety.
  3. The National Highway Authority of India (NHAI) is now prohibited from charging tolls on highways with identified “blackspots.”

Which of the statements given above is/are correct?

A) 1 and 2 only

B) 2 and 3 only

C) 1 and 3 only

D) 1, 2, and 3

Answer: A) 1 and 2 only. Statement 3 is incorrect; while authorities must fix blackspots, there is no such blanket prohibition on toll collection.

For Mains

Q. “The judicial inclusion of safe passage on highways under Article 21 shifts the burden of road safety from ‘driver behavior’ to ‘administrative accountability’.” Critically analyze the implications of this shift on India’s disaster management and infrastructural policy. (250 words)

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