BEFORE THE

HON’BLE HIGH COURT OF DELHI AT NEW DELHI

ROAD SAFETY PIL MOOT COURT COMPETITION, IIT DELHI-2019

PUBLIC INTEREST LITIGATION

In the matter of:

INDIAN ROAD SAFETY CAMPAIGN ……. PETITIONER

VERSUS

UNION OF INDIA ……...RESPONDENT

MEMORANDUM ON BEHALF OF THE PETITIONER

-INDIAN ROAD SAFETY CAMPAIGN

REPRESENTED BY- HARSH PATIDAR, AISHA ALI, SHREYANSH BARVE

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 TABLE OF CONTENTS

 INDEX OF AUTHORITIES 3
 STATEMENT OF JURISDICTION 5
 STATEMENT OF FACTS 6
 SUMMARY OF ARGUMENTS 7
 ARGUMENTS ADVANCED 8
1. THAT THE PIL IS MAINTAINABLE IN DELHI HIGH COURT.

1.1 THAT THE RIGHT TO RIGHT TO LIFE IS THE FUNDAMENTAL RIGHT OF

ANY CITIZENAND RIGHT TO SAFETY CAN ALSO BE INTERPRETED. THIS
IS GUARANTEED UNDER THE CONSTITUTION OF EVERY COUNTRY IN
THE WORLD INCLUDING INDIA AND ARTICLE 21 MAY STAND
VIOLATED.

1.2. THAT THE LACK OF LAWS AND THEIR PROPER ENFORCEMENTS AS

NO PROPER LAWS HAVE BEEN DEVISED AND THOSE DEVISED ARE NOT
MEANT AND DEALT PROPERLY.

1.3. THAT IS THE MANIFESTATIONOF CORRUPTION IN THE FIELDOF

TRAFFIC ENFORCEMENT AND ROAD SAFETY AS INDIFFERENT
GOVERNMENT IS CORRUPT GOVERNMENT AND RESPONSIBLE FOR
ALL THE SUFFERINGS AND DEATHS OF THE PEOPLE.

2. THAT THE PEDESTRIANS ARE THE MOST VULNERABLE ROAD

USERS IN INDIA.
2.1THAT THERE IS NO PROTECTION AND DETERMINATION OF THE
RIGHTS OF THE PEDESTRIANS IN INDIA

2.2 THAT THERE IS NO LEGISLATION DIRECTLY ADDRESSING THE

RIGHTS OF PEDESTRIANS IN INDIA

2.3 THAT THE RIGHT TO WALK SHOULD BE A

FUNDAMENTAL RIGHT IN THE INTEREST OF PEDESTRIANS

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 INDEX OF ATHORITIES

STATUTES

 Motor Vehicles Act, 1989

 Indian Penal Code, 1860
 National Urban Transport Policy, 2006
 Rules of the Regulation Act, 1989
 Persons with Disabilities Act, 1995

CASES

1. Olga Tellis and others v. Union of India, (1985)3SCC545

2. N.D Jayal and Others v. Union of India, (2004)9SCC362
3. S. Rajaseekaran v. Union of India, (2014)6SCC 36
4. Pt. Parmanand Katara v. Union of India &Ors, 1989 AIR 2039

ARTICLES& BOOKS

1. H. M. SEERVAI, CONSTITUTIONAL LAW OF INDIA, 4th ed., vol. 2, 2007 at p. 1586.

2. D.D. BASU, COMMENTARY ON THE CONSTITUTION OF INDIA, C.K. Thakker& S.S.
Subramani & T. S. Doabia& B. P. Banerjee eds., Vol. 6, 8th ed. 2012, p. 6614.
3. Sundar and Akshima T Ghate, Accidents and Road Safety, Economic and Political Weekly,
Vol XLVIII , No. 48, November 13,2013
4. Road Transport: On a Dangerous Curve, Economic and Political Weekly, Vol. 37, Issue No.
40, 05 Oct, 2002
5. IRACST- International Journal of Research in Management & Technology, Vol. 2, No. 4,
August 2012

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 STATEMENT OF JURISDICTION

The Appellant has initiated this PIL in the Honorable Delhi High Court by the virtue of the
Article 226 of the Indian Constitution.
The Article 226 of the Constitution reads as:
(1) Notwithstanding anything in Article 32 every High Court shall have powers,
throughout the territories in relation to which it exercise jurisdiction, to issue to any
person or authority, including in appropriate cases, any Government, within those
territories directions, orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibitions, quo warranto and certiorari, or any of them, for the
enforcement of any of the rights conferred by Part III and for any other purpose.
(2) The power conferred by clause( 1 ) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court exercising
jurisdiction in relation to the territories within which the cause of action, wholly or in
part, arises for the exercise of such power, notwithstanding that the seat of such
Government or authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or
stay or in any other manner, is made on, or in any proceedings relating to, a petition
under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in
support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to
the High Court for the vacation of such order and furnishes a copy of such
application to the party in whose favour such order has been made or the
counsel of such party, the High Court shall dispose of the application
within a period of two weeks from the date on which it is received or from
the date on which the copy of such application is so furnished, whichever
is later, or where the High Court is closed on the last day of that period,
before the expiry of the next day afterwards on which the High Court is
open; and if the application is not so disposed of, the interim order shall,
on the expiry of that period, or, as the case may be, the expiry of the aid
next day, stand vacated.

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 (4) The power conferred on a High Court by this article shall not be in derogation of
the power conferred on the Supreme court by clause ( 2 ) of Article 32.

STATEMENT OF FACTS

India has the second largest road network in the world with over 3 million km o roads which re
60% are paved. These roads make a vital contribution to India’s economy. On the whole the
facilities for the road users are not up the mark leading to high toll of death victims.
Recently,there’s growing concern over the road crash problem. Road safety is emerging as a
major social concern in the country. The statistics are mind boggling with the average mortality
rate of 100,000persons dying in the road accidents. The death toll is on the higher side for the
countries where pedestrians’ motorcyclists and passengers are vulnerable and vehicles lack
safety norms like in India.

There are various factors contributing to road accidents. Factors such as inexperience, lack of
skill, and risk-taking behaviors’ have been associated with the collisions of young drivers. In
contrast, visual, cognitive, and mobility impairment have been associated with the collisions of
older drivers. The research’s also reveal potential underreporting of factors in existing accident
records, identifying possible inadequacies in law enforcement practicesfor investigating driver
distraction, drug and alcohol impairment, and many other factors. Use of mobile phones while
driving is known to cause crashes with possible fatalities. Different habits of mobile phone use
might be distracting forces and display differential impacts on accident risk; the assessment of
the relative importance is relevant to implement prevention, mitigation, and control measures.
The relationship between mobile phone use and road fatalities at population level is strong. Strict
controlson cellular phone in the vehicle may results in a large health benefit.

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 SUMMARY OF ARGUMENTS

A. The Public Interest Litigation is maintainable in the High Court of Delhi-

The special power which is bestowed upon the High Court under article 226 to grant leave or
appeal against any judgment is in cases where a substantial constitutional question of law
is involved or gross injustice has been done. So, the government here in this case fails to
intimate or to cite as to what constitutional issue have been violated or what gross
injustice have been perpetrated against them.

B. Demand to raise issues –

● That the right to life and safety is the fundamental rights of any citizen that is guaranteed
under the constitution of every country in the world including India and article 21 may
stand violated.
● That the lack of laws and their proper enforcements as no proper laws have been devised
and those devised are not meant and dealt properly.
● That is the manifestation of corruption in the field of traffic enforcement and road safety
as in different Government, the corrupt Government that is responsible for all the
sufferings and deaths of Indian people.
● That there is no protection and determination of the rights of the pedestrians in India.

● That there is no legislation and governing the rights of pedestrians.

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 ARGUMENTS ADVANCED

1. THAT THE PIL IS MAINTAINABLE IN DELHI HIGH COURT

1. Jurisdiction of the High Courts' flows from Article 226,1 which provides wide
powers allowing the Court to issue writs, directions, orders for the implementation of
fundamental or legal rights.2The exercise of writ jurisdiction by the High Court is
discretionary in nature.3 It is submitted that the PIL is maintainable on primarily
three yardsticks:
1.1 That the right to Right to life and safety is the fundamental right of any citizen. This
is guaranteed and mentioned under the Constitution of every country in theworld
including India and Article 21 may stand violated.
1.2 That the lack of laws and their proper implementation as no proper laws have been
devised and those devised are not meant and dealt properly; and
1.3 That is the manifestation of corruption in the field of traffic enforcement and road
safety as indifferent government is the corrupt government that is responsible for all
the sufferings and deaths of the Indian people.

1
Article 226, Constitution of India
2
H. M. SEERVAI, CONSTITUTIONAL LAW OF INDIA, 4thed., vol. 2, 2007 at p. 1586.
3
D.D. BASU, COMMENTARY ON THE CONSTITUTION OF INDIA, C.K. Thakker& S.S. Subramani & T. S. Doabia& B. P.
Banerjee eds., Vol. 6, 8th ed. 2012, p. 6614

7
1.1 THAT THE RIGHT TO LIFE AND SAFETY IS THE FUNDAMENTAL
RIGHT OF ANY CITIZEN. THIS IS GIARANTEED UNDER THE
CONSTITUTION OF INDIA AND IT MAY STAND VIOLATED.

1. If the right guaranteed under Article 21 stands to be violated, it is open for the aggrieved
person to seek judicial redress under Article 226.4 It is herein submitted that the fundamental
right under Article 21 may stand violated.
2. Road accidents in India kill more people than some epidemics, but the Central and the State
governments refuse to see it for what it is — a national crisis. The antiquated traffic
management and transportation resulted in 1,50,000 deaths and left more than half a million
injured last year, affirming the country’s status as among the riskiest in the world for road
users. Also, according to the International Covenant on Economic, Social and Cultural
Rights, to which India is a signatory and also ratified the treaty, clearly obligates signatories
to protect and fulfil human rights5 as road safety is a human right issue. Also, The Universal
Declaration of Human Rights, to which India is a signatory, recognizes a right to life, yet
millions of lives are lost every year to preventable injuries suffered from road crashes.5
3. The Indian Law Commission in its report on ‘Legal Reforms to Combat Road Accidents’
observed that more than one lakh people die every year due to road accidents. India accounts
for 5.4% of the road injuries in the world. About 53% of the people who die in these road
accidents are pedestrians making road safety an equity issueas in India, a significant
percentage of the victims are the vulnerable road users including pedestrians, cyclists, and
motorized two-wheeler riders. However, reliable data is not available on the categories of the
victims because of the manner in which data is recorded by the police.
4. According to the survey held by the Central Road Research Institute, nearly 90% of
pedestrians feel unsafe to travel on the roads. The natural conclusion which flows from this
data is that the pedestrian is the most vulnerable road user in India. When it is known that a
particular segment of the population is suffering or the interests of a certain groups are being

4
D. K. Basu v. State of West Bengal, AIR 1997 SC 610 at ¶¶ 46-48. 5
General Assembly resolution 2200A (XXI), International Covenant on
Economic, Social and Cultural Rights, 1966.
5
Universal Declaration of Human Rights, UN General Assembly, 10 December 1948, 217 A (III).

8
 attacked, a need arises to safeguard these people. In order to safeguard people, the first
attempt is always to protect their rights.
5. Furthermore, road safety is clearly a public health morbidity and mortality issue also. Road-
related morbidity and mortality are increasing and road safety is emerging as a major public
health issue. There are growing equity concerns even as massive investments are being made
on road projects – national highways, state roads, and village roads. The investment on roads
in the Eleventh Five-Year Plan period was Rs 2,79,000 crore.6The relentless increase in road-
related mortality at a time when massive investments were being made to create more road
space became a major cause for concern and the Government of India felt the need to
develop a road safety policy and strategy. Ad hocismprevails in whatever money we spend
on road safety.7
6. Hence, it is humbly submitted that when a nation is faced with a problem of road safety, it is
not only important but also essential for everyone in the nation to solve it. There is the need
of the hour to have a series of recognized interventions such as improving road safety
management; designing safer roads; strengthening vehicle safety standards; ensuring the
passage, implementation and enforcement of comprehensive laws to protect road users; and
implementing effective post-crash care.8 Additionally, reducing the burden of road traffic
deaths and injuries in India requires multiple players working together. While each element
of the road system including vehicle, road and person contributes to any given road crash,
road user related factors make a significant contribution and, therefore, require ongoing
attention. As it is a common saying that, "next to the education of the child, road building is
the greatest public responsibility".

6
Summarised from report of Ministry of Road Transport and Highways(MoRTH) , 2007.
7
S Sundar and Akshima T Ghate, Accidents and Road Safety, Economic and Political Weekly, Vol.XLVIII, No. 48,
November 13,2013.
8
Global Plan for the Decade of Action for Road Safety 2011-2020, World Health
Organization.

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1.2. THAT THE LACK OF LAWS AND THEIR PROPER
ENFORCEMENTS AS NO PROPER LAWS HAVE BEEN DEVISED AND
THOSE DEVISED ARE NOT MEANT AND DEALT PROPERLY
7. There are many laws regarding road safety in India , but all those laws are not implemented
properly. Further, in India, road and traffic rules, regulations and procedures have not kept
pace with either the developments in other countries or even with the sharply rising volume
and nature of road traffic in India. This is a serious state of affairs, especially in the context
of the projected investment in infrastructure development, of which roads form a significant
component.9

8. Furthermore, when any common men or a high-profile person , got caught driving a vehicle
without a licence, the police have not been able to take strict action against them. Though , it
is an serious offence as per the Motors Vehicles Act,1989.This read with the fact that neither
the laws regarding road safety nor the relevant sections of the Indian Penal Code recommend
sufficiently deterrent punishment for even serious road offences means that the ‘quality’ of
driving on Indian roads is nowhere near the international standards.

9. The usage of high-beam lightsis quite common on Indian roads. The purpose of the high
beams headlights is to provide a clear view to the driver at places where there is no
immediate source of light and the traffic is scarce. This is applicable when the vehicle is
approaching from the opposite side or lies right in front of you. In both these cases, the other
person can be blinded (for a few seconds) from direct exposure to light or the glare in the
rearview mirror. The consequences of this temporary blindness can be horrific, especially
when one is driving at a high speed. Though highbeam headlights majorly pose a threat at
the night time, it is as dangerous if used in fog and rains.

9
Road Transport: On a Dangerous Curve, Economic and Political Weekly,Vol. 37, Issue No. 40, 05 Oct, 2002 .

10
10. Furthermore, talking about it in legal context, there are penalties for the foul usage of high-
beam lights. The CentralMotor Vehicles Rules ensure road safety but to top it, one is also
liable for a ticket of INR 100 for using a high beam lights as per the section 112 and section
177 of Motor Vehicles Act of 1989. Also, according to Central Motor Vehicles Rules, 1989,
under ‘Deflection of lights': (i) No lamp showing a light to the front shall be used on any
motor vehicle unless such lamp is so constructed, fitted and maintained that the beam of light
emitted is permanently deflected downwards (ii) is capable of being deflected downwards by
the driver in such manner as to render it incapable of dazzling any person. But, all these are
being flouted by the citizens due to which the traffic police have booked as many as 7,137
cases against vehicles for ‘dazzling lights’ until previous year alone. Additionally,
conviction on the grounds of a motorist using high beams is rare as after arresting the driver,
it is difficult to prove his guilt in case of accident committed by the him.

11. Nowhere, Nordic countries completely prohibited use of high beams in order to protect the
lives of its citizens by bringing out certain legal transformations. Nordic countries were the
first that mandated the use oftail lights, licence plate lightsand the most important of all, the
daytime running light(DRL) system. DRL is an automotive lighting and bicycle lighting
device, which automatically switched on when the vehicle is in drive, emitting white, yellow,
or amber light. A 2008 study by the U.S. National Highway Traffic Safety Administration
,depending on prevailing regulations and equipment, vehicles may implement the daytime-
running light function by functionally turning on specific lamps, by operating low-beam
headlamps or fog lamps at full or reduced intensity, by operating high-beam headlamps at
reduced intensity, or by steady-burning operation of the front-turn signals.

12. Compared to any mode of headlamp operation to produce the daytime running light,
functionally dedicated DRLs maximize the potentialbenefits in safety performance and
minimize fuel consumption, glare, motorcycle masking, and other potential drawbacks. On
looking after the benefits of DRL, all developed nations allowed the usage of DRL in buses,
cars and trucks which resulted into a decline in road accidents by high beam lights up to a
greater extent.

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13. India has the highest number of road accidents in the world. In 2017, more than 1,50,000
people were killed in accidents in India alone, an increase from 1,46,000 the previous year.
This is according to a report from the Ministry of Road Transport and Highways (MoRTH).
Shocking statistics from a survey conducted by Maruti Suzuki and Kantar Group show that
seat belt usage in India is as low as 25 percent among passenger vehicle users (car drivers,
co-driver, and rear seat passengers). In 2017, as many as 5,638 people died in India only
because seat belts were not used, according to data from the MoRTH.

14. The seat belt usage in India is of such level that it will add more deaths to the existing figure.
As , in India, only 25% of all car users wear seat belts, only 12% of passengers wear seat
belts when seated in a cab, only 29 % of respondents said they wear seat belts in the front
seat, only 4 % of respondents admitted to wearing seat belts always in the rear seat , of the
75 %who don’t wear seat belts regularly, 32 % said they wear it sometimes. Seat belts
protect people from needless death and injury.

15. Around 32 percent said they don’t wear seat belts because of weak legal enforcement.
There is the need of the hour to have effective, well-enforced seat belt laws to ensure that
every person in every seat buckles up on every trip.

16. Laws requiring seat belt use are either “primary” or “secondary” enforcement laws. Primary
enforcement lawsallow police officers to pull over drivers and issue tickets just because the
drivers—or their passengers— aren’t wearing seat belts. Secondary enforcement lawsonly
allow police officers to issue tickets for seat belt violations if drivers have been pulled over
for some other offense.

17. Secondary enforcement significantly limits the ability of officers to enforce seat belt laws.
Rates of seat belt use 9 % points higher in primary enforcement states than secondary
states. If the overall dominance of seat belt use in states with secondary enforcement laws

12
 had matched the higher prevalence in states with primary laws, an additional 7.3 million
adults would have buckled up the seat belts. Increasing the number of states with primary
enforcement seat belt laws covering all positions will increase seat belt use and save lives.

Also, by ”Enhanced enforcement” programs seek to better support seat belt laws by either
increasing the average number of citations(a writ issued by a court ordering a person to appear
at a specific time and place and, at that time and place) each officer issues or by increasing the
number of officers on patrol.

18. Drinking and driving is already a serious public health problem in India, which is likely to
emerge as one of the most significant problems in the near future. Alcohol and driving don't
mix, but still, many people love to drink and drive resulting in numerous road accidents.

19. Accidents due to drunken driving are a major problem in India. India revealed that around
40% of the road accidents have occurred under the influence of alcohol.

20. It is important to initiate necessary steps to achieve this by overcoming all the challenges.
We have section 117 of Motor Vehicles Act, 1989 which talks about drunken driving in such
a manner that if any one is being caught by the officials exceeding the Blood Alcohol
Consumption(BAC)while driving , that individual shall be punishable for the first offence
with imprisonment for a term which may extend to six months or with fine which may
extend to two thousand rupees or with both. But the ‘psychology’ of drunken drivers is such
that they do away by paying some money to the catcher.10

21. Many nations in the world have their own Blood Alcohol Concentration level. In India, the
legal limit of BAC level is 0.03gm/ml. Till mid November, 1994, drinking and driving was
not allowed to be mixed up. Any alcohol in the blood, howsoever, small the quantity has
been an offence till November 1994 but now after November 1994 the law has been

10
IRACST- International Journal of Research in Management & Technology, Vol. 2, No. 4, August 2012 Alcohol
Control Policies in South East Asia Region , Selected issues ,WHO.

13
 amended. Now up to 30 milligrams of intake per 100ml of blood has been permitted to
driver. To this, instead of fixing the level of BAC up to a certain value, we can have zero
BAC, allowing us to have 'dry driving' akin to 'dry state', helping in setting up a positive
driving culture.

22. There are various strategies to be implemented effectively such as rest room and retiring
rooms along the Highways with good facilities may reduce the drunken driver driving under
the influence of the alcohol, establishing sobriety check points( similar to toll tax point) and
random breath testing to influence drivers’ views on the likelihood of apprehension, blood
alcohol screening should be routinely performed, cancelling licenced of the person found
under drunken driving, by having alcohol ignition interlocks13 in the vehicles and many
other initiatives.

23. Hence, it is humbly submitted that strict enforcement supplemented with education is one
of the most powerful tools to tackle the problem and need to be seriously considered.
Current enforcement mechanism could be reinforced by strict laws, availability of trained
police and dedicated team ,the introduction of random checks increase in current penalty
levels: and the strict enforcement of laws in a visible, uniform and regular manner. Further,
drunken driving, an illegal act should be governed by stern laws which entail not only
levying hefty fines or revocation of licence.

1.3. THAT IS THE MANIFESTATION OF CORRUPTION IN THE FIELD

OF TRAFFIC ENFORCEMENT AND ROAD SAFETY AS INDIFFERENT
GOVERNMENT IS THE CORRUPT GOVERNMENT THAT IS
RESPONSIBLE FOR ALL THE SUFFERINGS AND DEATHS OF THE
INDIAN PEOPLE

24. . Effective traffic enforcementis the most important requirement for road safety. We can
have the best Rules of the Road, but if these are not enforced effectively,we will continue to
have an increase in fatal accidents on our roads. In India, traffic enforcement is threatened
by thecrime of corruption to a greater extent.

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25. The impact of corruption increases risk of unsafe conditions on both our roads and transport
systems. On an immediate level, unqualified drivers and unroadworthy vehicles are granted
licenses. Due to corruption, the RoadAccident Fundhas since invested millions in the fight
against fraud and corruption as a management tool.

26. In India, many corrupt officials allow motorists who speed, or who are driving vehicles that
are not roadworthy, to proceed with their journey, the consequences for other road users are
potentially disastrous. A breakdown in public trust of the integrity of traffic officials is also
likely to result in an increase in lawlessness among road users. Bribes are often demanded in
situations where road users have committed an offence such as speeding, overloading, or
driving unlicensed or unroadworthy vehicles. Certificates of roadworthiness are issued
without the said vehicles undergoing the necessary roadworthy tests. Money is received in
return for assisting applicants for learners licence tests to cheat in their exams.

27. Government has to acknowledge the existence of corruption and the threat that this pose
towards road safety. In order to combat corruption, we can a separate SpecialInvestigation
Unit(SIU). The unit will be responsible for identifying and cancelling invalid licences, to
create a deterrent to prevent officials from participating in fraudulent activities and to
address weaknesses in the control environment from time to time. Further, testing functions
must be taken over by qualified personnel at Regional Transport Office(RTOs) identified as
employing unqualified staff, should implementdocument control systems.

28. Furthermore, Indian government must implement the electronic national administration
traffic information system(eNaTIS). It must be made mandatory for every State to adopt
this system in order to curb corruption. No other alternative must be there at all. Thus,
making the complete process of obtaining license to drive a vehicle online, we can remove
all the Achilles heelsin effective traffic enforcement and road safety.

15
29. Hence, it is humbly submitted that as long as there is no respect for the rule of the laws of
the road, the road will be an unsafe place. It is important for all road users to be aware of the
dangers of corruption – and not to endorse corruption through their own conduct. Corruption
not only is to be found in the actions of the official who asks for or receives the bribe or
benefit – but also on the part of him who offers the bribe.

2. THAT THE PEDESTRIANS ARE THE MOST VULNERABLE ROAD

USERS IN INDIA

According to the survey held by the Central Road Research Institute, 9 out of 10 pedestrians felt
unsafe while crossing the road as there is no zebra crossing and no check on the speed limit of
motorized vehicles on road. It is the need of the hour to protect the pedestrians as there is no
protection and determination of the rights of the pedestrians in India; and there is no legislation
directly governing the rights of pedestrians in India

2.1 THAT THERE IS NO PROTECTION AND DETERMINATION OF

THE RIGHTS OF THE PEDESTRIANS IN INDIA

30. In India, the environment in which pedestrians walk is completely unfriendly and
unprotective for them. Further, when any person with disabilities walks in such
anenvironment, we can easily imagine the plight of that person. Thus, the risk undertaken by
pedestrians including persons with disabilities is completely being ignored in India.

31. We have so many road legislations in India such as MotorVehicles Act,1988; Indian Penal
Code, 1860; National Urban Transport Policy, 2006 and many others. But the main
problem with all these legislations is that, all these cater for the motorized road user. They
safeguards pedestrian rights indirectly.

16
32. Further, the pedestrian who use the road include a wide range of people. Thus it is very
important that the roads are accessible to everyone. Under the Persons with Disabilities Act,
1995 the government must provide forauditory traffic signals, pertinent symbols of disability
and warning signals at appropriate places.11 But, there are no such facilities provided to the
pedestrians with disabilities in all the places.

33. It has been globally acknowledged that the pedestrian is also as important a road user as the
motorized traffic. Hence, roads are not meant for the vehicles alone but also the pedestrian.
The very definition of the term pedestrian includes walking. Thus the very recognition of the
pedestrian implies the recognition of the right to walk.

34. The right to walk of pedestrian is recognised , although, in a fragmented manner in India.
The fragmentation can be observed as the Municipal Corporation is responsible only for the
roads which fall within their jurisdiction. Thusthey claim no responsibility for the areas
where the Highways enter the State.

35. A pedestrian by his very existence personifies the right to walk as his fundamental right
under article 19(1)(d).12 A literal interpretation of the article leads to reach to this
conclusion. The term move refers to motion. The article does not specify any particular kind
of motion; hence a presumption may be drawn that it includes all forms. Therefore walking
also falls within the ambit of article 19(1) (d).It must be pointed out at the same time that
this right to move freely does not give the pedestrian the right to walk anywhere on the road
as it is not absolute. Because article 19(5) put some reasonable restriction. In the interest of

11
2005 | www.hrln.org | Equal Opportunity Rights For Disabled Peons, and S. 45 of the Persons with Disabilities

12
All citizens shall have the rightto move freely throughout the territory of India 17
(1985)3SCC545

17
 the general public this right is regulated to provide the pedestrian the right to walk on the
pavement or the right side margin of the road.

36. Further, The right to livelihood was read into article 21 by the Supreme Court in the
landmark judgment of Olga Tellis and others v. Union of India.13 In the said judgment the
court stated that the right to life under Article 21 included the right to livelihood. In India,
31.5% of the people who were walking, were people who were walking with the purpose of
business or service. Thus when the roads of the city become hostile for walker it at times
may lead to him being deprived of a means to reach his source of livelihood thus violating
Article 21.

37. The right to a clean environment has been read into Article 21. This right of clean
environment gives the pedestrian the right to clean pavements and roads. Often the
pavements are used as garbage bins making the very act of walking on then unpleasant and
unhygienic. In the judgement of N. DJayal and Others v. Union of India,14the SC held that,
right to health is a fundamental right under Article 21, protection of this is inextricably
linked with the clean environment.

38. Hence, it is humbly submitted that the pedestrian does have a right to walk and this right is a
fundamental right by virtue of Article 19 (1) (d). Also, at present, the right of the pedestrian
is in a state of confusion. Even though legislations and policies recognize certain rights of
the pedestrian, they create a very fragmented framework. It is the need of the hour to have a
structured framework in order to determine and to protect the rights of the pedestrians.

13
AIR 1986 SC 180; (1985) 3 SCC 545
14
(2004)9SCC362

18
2.2 THAT THERE SHOULD BE A PROPER LEGISLATION DIRECTLY
ADDRESSING THE RIGHTS OF PEDESTRIANS.

 In India, the only legislation in which the term pedestrian is found is the Rules of the
Road Regulation, 1989. Under these rules certain obligations are imposed on the driver of
a Motorized vehicle with respect to the pedestrian. It includes only three rights for the
pedestrians:
1. The duty of the driver to slow down when approaching a pedestrian crossing
(Rule 8).
2. That no driver can park a motor vehicle near a traffic light or on a pedestrian
crossing or a footpath (Rule 15).
3. Motor vehicles are not allowed to drive on the footpaths or cycle lane except
with permission from the police officer on duty (Rule 11).

39. The Rules of the Road Regulation, 1989, is the only provision in the Regulation which
addresses the pedestrian directly; the remainder of the regulation refrains from making any
mention of the Pedestrian as a person.

40. Further, most of the provisions provided in the legislations are not implemented to its whole.
This failure in implementation in turn makes the provisions ineffective. In addition, there is
an urgent need to update the existing legislations. The penalties, especially the fines must
have a deterrent effect to serve their purpose.

41. Apart from legislations, there are several policies which regulate roadways in India. Though
the problem remains the same none of these policies clearly spell out the rights of a

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 pedestrian. Though the policy does suggest the creation of segregated lanes and better
pavement facilities it does not make it mandatory. It either encourages cities to develop the
above mentioned facilities or suggests them. The policy talks in a very general manner about
the pedestrian without ever mentioning his/her rights.

42. TheSundar Committee in its Report on ‘Road Safety and Traffic Management' in 2007
recommended the creation of a National Road Safety and Traffic Management Act. The
proposed Act as recommended by the Committee calls for a Road Safety and Traffic
Management Board at both the National and State level. But, at present, many States and
UTs are not having management board for road safety.

43. The construction of pavements in India is governed by the guidelines of the Indian Road
Congress. These guidelines are not only obsolete but inadequate. For example, the
guidelines remain completely silent with regard to the height of the pavements. Thus often,
the pedestrian finds that the pavement itself is too high to be accessible. Moreover ,it
provides no guidelines with respect to the width of the pavement around street furniture such
as dust bins, benches etc. on the pavements or cycle lanes.

44. There is a lot to do for the protection and safety of the pedestrians in India by adopting some
cogent measures such as, : each State must has a mandatory Bicycle and Pedestrian
Coordinator in its State Department of Transportation to promote and facilitate the increased
use of non-motorized transportation, construction of Quiet Lanes15and HomingZone.16 Also,
by bringing and making out strict provisions and legislations for the protection of the
pedestrians, by proper implementation of all the policies and legislations, by promoting etc.
We can easily achieve a lot and can help all the pedestrians to be a legitimate road user.

15
They are a network of rural roads where minimal traffic calming measures are used to enable all road users to
'share with care'. Travel is easier for cyclists, walkers, horse riders and those in wheelchairs.

16Home Zones are residential streets in which the road space is shared between drivers of motor vehicles and other
road users, with the wider needs of residents (including people who walk and cycle, and children) in mind.

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45. Hence, it is humbly submitted that it is the need of the hour to have a legislation clearly
elucidating the right of the pedestrian along with the duties of the local authorities. India has
the opportunity to create history by enacting a concrete Act regarding the rights of the
pedestrian. The confusion surrounding the pedestrian rights needs to be cleared once and for
all. This would prevent traffic related injuries to become the fifth leading cause of deaths by
2030, surpassing even cancer and malaria.17

2.3 THAT RIGHT TO WALK SHOULD BE MADE A FUNDAMENTAL

RIGHT IN THE INTEREST OF PEDETRIANS

46. Grave concern can observed regarding the safety of pedestrian to see the footpaths being
used by two-wheelers, zebra crossing culture is missing and crossing any road is an uphill
task. Many organizations like International Federation of pedestrian has been explicitly
advocating the right to walk in public spaces as a basic human right but the picture of the
same is to be implemented in full is yet to be achieved.

47. One more concern can be seen in the faulty designs of roads. When a non-roadworthy
vehicle do not get a license to land on the road, why there is no significant penalty for
contractors and engineers who are guilty of passing faulty designs and non-maintenance of
roads.

48. Therefore, Right to walk should be made a expressed fundamental right in order to protect
the interest of general public and protect them for exploitation of authorities. By making
Right to walk an expressed fundamental right, we can make it enforceable and any violation
and encroachment of it will be treated seriously.

The Hindu, Where the pedestrian is a third class citizen, 2009.

17

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49. Right to walk will herald many developments like development of good road, footpaths and
zebra crossing. Also it will be made friendly for persons with disability. It should be linked
with international safety standards of pedestrian to make it more worth.

50. Hence, it is humbly submitted before the Hon’ble court that Right to walk should be made a
fundamental right to protect the interest of general public and any violation of it must be
treated seriously. Further, significant penalty should be proposed for contractors and
engineers guilty of faulty road designs and non-maintenance of road.

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 PRAYER

Wherefore in light of the of issues raised, arguments advanced and authorities cited the
Counsels on behalf of the Petitioners humbly pray to this hon’ble court that it may be
pleased to:

I. DECLARE that the Public Interest Litigation is maintainable in the Court.

II. DECLARE that there should be proper laws to ensure road safety.
III. DECLARE the Right to walk a fundamental right in the interest of pedestrians.

AND/ OR

Pass any other order it may deem fit in the Interest of Justice, Equity and Good Conscience .

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