Recently, the Supreme Court highlighted the critical need for rigorous enforcement of road discipline nationwide through the use of electronic monitoring and enforcement technologies.

The Court instructed all states and Union territories to adhere to legal requirements by deploying technology, including speed cameras, CCTV cameras, and speed guns, to enhance road safety on national highways, state highways, and urban roads.

A bench comprising Justice AS Oka and Justice Augustine George Masih has directed governments to promptly implement Section 136A of the Motor Vehicles (MV) Act, 1988. This provision, introduced through an amendment in 2019, mandates the use of electronic monitoring to enhance road safety.

The bench emphasized that Section 136A is an “innovative provision” designed to support state governments in maintaining strict road discipline. By implementing this section, the state machinery will obtain data on vehicles and individuals violating the MV Act and its rules, facilitating their prosecution, the bench stated in its order.

Furthermore, the court instructed state governments to comply with Rule 167A of the Central Motor Vehicles Rules, 1988. This rule provides guidelines for using electronic enforcement devices to issue challans (penalties) for traffic violations, such as overspeeding, unauthorized parking, and not wearing protective gear. The bench stressed that challans should be based on footage from these devices, ensuring accuracy and fairness in the enforcement process.

To monitor compliance, the bench decided to group states in batches and specifically directed the governments of Delhi, West Bengal, Maharashtra, Tamil Nadu, Karnataka, and Kerala to report their adherence to Section 136A by December 6, 2024. These reports are to be submitted to amicus curiae, senior advocate Gaurav Agarwal, and the court will review the progress on December 13, 2024. Further instructions will be issued to ensure nationwide adherence to the MV Act.

Additionally, the Supreme Court Committee on Road Safety, which oversees road safety measures, will monitor the implementation of Section 136A and Rule 167A. A copy of the court’s order will be forwarded to the committee to facilitate necessary actions.

The Union Ministry of Road Transport & Highways, represented by additional solicitor general Vikramjit Banerjee, was also instructed to disseminate the court order to all states and Union territories to ensure their compliance.

This directive is part of a broader hearing in a writ petition filed by S Rajaseekaran, a prominent orthopedic surgeon, who raised concerns about the high number of road accident fatalities in India.

The Court is also addressing additional critical issues in the same case, such as the provision of cashless treatment for road accident victims and establishing a mechanism for the General Insurance Corporation of India to facilitate online compensation transfers directly to eligible individuals.

Last week, the Court signaled that it would issue directions to implement a statutory scheme for both compensation and cashless treatment for road accident victims, in accordance with the relevant provisions of the MV Act.