Supreme Court Declares ‘Safe Travel on Highways’ a Fundamental Right Under Article 21
NEW DELHI — In a historic ruling that could redefine infrastructure accountability in India, the Supreme Court has declared that the right to safe travel on highways is a fundamental right. The Court ruled on April 13, 2026, that the safety of commuters against road accidents and the right to safe passage are intrinsic to the Right to Life guaranteed under Article 21 of the Constitution.
Life Beyond Mere Existence
The Bench emphasized that the “Right to Life” does not mean mere animal existence but includes the right to live with dignity and safety. The Court noted that thousands of lives are lost annually due to poor road design, lack of maintenance, and inadequate safety protocols on national and state highways.
By elevating “safe passage” to a fundamental right, the judiciary has opened a direct door for citizens to hold government agencies, such as the National Highways Authority of India (NHAI) and state public works departments, legally accountable for negligence.
Key Highlights of the Judgment:
- Government Responsibility: The state is now constitutionally obligated to ensure that highways are not just built, but are maintained to safety standards that minimize the risk of accidents.
- Commuter Protection: The safety of a citizen while traveling is no longer just a matter of “administrative policy” but a “constitutional mandate.”
- Infrastructure Audit: The ruling is expected to lead to mandatory safety audits of existing highways and stricter enforcement of engineering standards for new projects.
Legal Impact
Legal experts suggest this judgment will lead to a surge in “constitutional tort” cases, where victims of road accidents caused by potholes or poor road engineering can seek compensation directly under writ jurisdiction. “This marks a shift from viewing road accidents as ‘unfortunate incidents’ to viewing them as ‘rights violations’ when caused by systemic failure,” stated a senior advocate following the ruling