Supreme Court Recognizes Right to Safe Travel on National Highways under Article 21

Key Facts

• The Supreme Court in 2025 declared the right to safe travel on National Highways as a fundamental right under Article 21 of the Constitution guaranteeing Right to Life and Personal Liberty.
• National Highways comprise only about 2% of India's total road network but account for nearly 30% of all road accident deaths, highlighting a disproportional risk.
• The Court prohibited construction and operation of dhabas, eateries, and other unauthorised establishments on the Right of Way of National Highways without proper approval from the National Highways Authority of India (NHAI).
• Parking of heavy and commercial vehicles on National Highways is banned except in designated parking bays and truck lay-bys.
• The ruling mandates regular highway patrols, surveillance through drones, and stronger use of Automated Traffic Management Systems.
• Emergency support units such as ambulances, cranes, and rescue teams must be stationed at regular intervals to ensure prompt response to accidents.
• District-level Highway Safety Task Forces have been constituted to monitor enforcement and compliance.
• The NHAI is the statutory authority responsible for development, maintenance, and management of National Highways.

Background & Context

Road safety on India's National Highways has historically been an administrative challenge due to factors such as poor road conditions, illegal roadside parking, and unauthorised encroachments leading to high accident rates. In 2025, following two major accidents causing 34 deaths, the Supreme Court took suo motu cognizance to address these systemic issues. The Court expanded the ambit of Article 21, affirming that the State has a constitutional obligation to ensure safe travel, framing road safety as a fundamental right rather than a mere administrative concern. This interpretation imposes accountability on both Central and State governments to enhance infrastructural safety and enforce traffic regulations effectively.

Why This Matters for Exams / Exam Relevance

This judgment serves as a landmark example of judicial activism and expansive interpretation of fundamental rights under the Indian Constitution, specifically Article 21. It illustrates the principle that the right to life extends to safe public infrastructure and travel conditions. Competitors preparing for UPSC and other exams should understand the constitutional basis for road safety, the role of the Supreme Court in safeguarding citizens' rights via suo motu actions, and the involvement of statutory agencies like NHAI in enforcing these rights. The case also highlights the interaction between constitutional law and transport policy, a relevant topic in governance and polity sections.

Points to Remember

• Article 21 guarantees Right to Life and Personal Liberty, which includes the right to safe travel on National Highways.
• National Highways account for only 2% of total roads but contribute nearly 30% of road accident deaths, showing a critical safety concern.
• NHAI is statutorily responsible for National Highways' development and maintenance.
• The Supreme Court banned construction and operation of unauthorised dhabas and eateries on highway Right of Way; no new permissions without NHAI approval.
• Heavy and commercial vehicle parking prohibited on National Highways except designated bays.
• Enhanced surveillance includes drone monitoring and Automated Traffic Management Systems.
• Emergency services (ambulances, cranes, rescue teams) must be available at regular intervals.
• District Highway Safety Task Forces monitor compliance with safety directives.