DR. S. RAJASEEKARAN (II) versus UNION OF INDIA & ORS.

Citation: [2017] 13 S.C.R. 508 · Decided: 30-11-2017 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Directions issued
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Judgment (excerpt)

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(2017] 13 S.C.R. 508 
DR. S. RAJASEEKARAN (II) 
V. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 295 of2012) 
NOVEMBER30, 2017 
[MAl)AN B. LOKUR AND DEEPAK GUPTA, JJ.] 
Constitution of India: Art. 32 - Public interest litigation -
Prayer seeking enforcement of road safety norms and appropriate 
treatment of accident victims - Constillltion of Committee on road 
safety - Submission of report/recommendations by the Committee -
Howeve1; non-implementation of the recommendations by the 
Government ~ Issuance of directions on road safety and the victims 
of road accidents by Supreme Court - Directions as regard road 
safety policy, road safety fimd, road safety action plan. road safety 
audits, road safety cell, road safety equipment and road safety 
education issued - Faithful and sincere compliance of the said 
directions would save thousands of lives in road accident and crores 
of rupees paid in compensation by the insurance companies. 
Issuing directions, the Court 
HELD: 1.1 In view of the submissions of the Amicus Curiae 
and the response of the Ministry of Road Transport and Highways 
(MoRTH) to the suggestions and keeping in mind issues of road 
safety and the interest of those who may be unfortunate victims 
of road accidents, the following directions arc issued: 
(i) Road Safety Policy: Most of the State Governments and 
Union Territories have already framed a Road Safety 
Policy. Those that have not framed such a policy namely 
Assam, Nagaland, Tripura, Delhi, Lakshadweep, Dadra and 
Nagar Havcli and Andaman and Nicobar Islands, to 
formulate the Road Safety Policy by 31" January, 2018. 
All States and Union Territories are expected to implement 
the Road Safety Policy with all due earnestness and 
seriou~sness. 
(ii) State Road Safety Council: All States have already 
constituted a Road Safety Council in terms of Section 215 
508 
DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 
509 
of the Motor Vehicles Act, 1988. The Union Territories of A 
Daman and Dlu, Dadra and Nagar Haveli and Andaman 
and Nicobar Islands have not constituted the Road Safety 
Council as yet. These Union Territories are directed to 
constitute the State Road Safety Council on or before 31" 
January, 2018. The responsibility and functions of the 
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Council would be as recommended by the Committee on 
Road Safety. The State Road Safety Councils should 
periodically review the laws and take appropriate remedial 
steps wherever necessary. 
(iii) Lead Agency: Only a few States have established the 
Lead Agency as recommended by the Committee on Road C 
Safety in its communication of 23'' December, 2014. The 
States and Union Territories that have not done so should 
establish the Lead Agency on or before 31" January, 2018 
in terms of the recommendations made by the Committee 
on Road Safety. The Lead Agency would act as the D 
Secretariat of the State Road Safety Council and coordinate 
all activities such as licensing issues including issues of 
driving licences, registration of vehicles, road safety and 
features of vehicles, along with other allied matters 
including emission norms and other activities as mentioned 
· in the communication dated 23.12.2014. 
(iv) Road Safety Fund: Some of the States have already 
established a Road Safety Fund. Those·States and Union 
Territories that have not yet established the Road Safety 
Fund sl;.cu1'! do so not later than 31" March, 2018 and 
report back to the Committee on Road Safety. The corpus 
of the Road Safety Fund woul~ be from the fines collected 
for traffic violations and the Fund would be utilized for 
meeting expenses relating to road safety. 
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(v) Road Safety Action Plan: The purpose of a Road Safety 
Action Plan is to reduce .the number of road accidents, as 
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well as the fatality rate. The MoRTH has already requested 
all the States and Union Territories to prepare a Road 
Safety Action Plan but It appears that the response to this 
has been somewhat lukewarm. The State Governments 
and Union Territories are therefore directed to urgently H 
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SUPREME COURT REPORTS 
[2017] 13 S.C.R. 
prepare a Road Safety Action Plan by 31.03.2018 and pnt 
it int11 action after giving it due publicity. 
(vi) District Road Safety Committee: A District Road Safety 
Committee is required to be set up by the State 
Government for every district in terms of Section 215(3) 
of the Motor Vehicles Act, 1988. As suggested by the 
Amicus and ag
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