"Egregious": Kerala High Court Issues Directions After Report Of Pedestrian Deaths On Zebra Crossings, Says They Have Right Of First Access

Justice Devan Ramachandran, while considering a matter concerning road safety and Zebra crossing observed: “This is extremely shocking and egregiously distressing!”

The Court took note of a memo filed by Senior Government Pleader K.V. Manoj Kumar, enclosing a report of the Motor Vehicles Department and stated that the report must be enforced implicitly.

During a virtual interaction held as part of the proceedings, Nagaraju, Transport Commissioner, Kaliraj Mahesh Kumar, Inspector General (Traffic & Road Safety Management), K Biju, Principal Secretary, Public Works Department were present online.

The officials acknowledged the gravity of pedestrian safety concerns and highlighted various systemic issues.

Inspector General Kaliraj Mahesh Kumar submitted that the data may not be accurate but went on to add that nearly 50% of pedestrian-involved accidents affect senior citizens, citing poor footpaths, unsafe driving practices, and jaywalking as contributing factors. Transport Commissioner Nagaraju informed the Court that the State has introduced updated driving protocols and is implementing pelican signals and table-top zebra crossings, a traffic design which has already been piloted in Kozhikode.

PWD Secretary K. Biju assured the Court that infrastructure requirements and budget allocations would be prioritised.

However, the Court stressed that waiting for long-term improvements was not an option.

“We have to cure the malady in the present and cannot wait for the future. Whether the press reports were right or wrong, the fact of deaths and injuries on pedestrian paths is extremely disconcerting.” the Court added.

The Court emphasised that drivers must be made aware that pedestrians have the “right of first access” on zebra crossings, and directed that public communication campaigns be launched immediately. Officers posted at zebra crossings, though appreciated, were termed a temporary measure needing more sustainable solutions.

The Court ordered that no vehicle may be parked on a zebra crossing, even momentarily, and violators must face prescribed penalties. It has further directed that warning signs must be installed at least two metres before every pedestrian crossing to alert drivers to slow down, consistent with Indian Road Congress standards. It has also directed that the driving licence tests must include education on pedestrian right-of-way, and violations should attract the highest penalties, including licence cancellation.

The Bench reiterated that reckless or impatient driving, by private or public vehicles, will not be tolerated, and recorded the Inspector General's undertaking that intensified enforcement will begin immediately, particularly in cities, municipalities, and high-density areas.

The Court directed competent authorities to publish the order widely so that every driver knows their obligations and consequences involved. The Court further observed “The urgency is unmistakable because accidents are waiting to happen in the next moment itself”

The matter has been adjourned to December 10, by which time authorities must report on the steps implemented pursuant to the Court's directions.

Concluding the order, the Bench reaffirmed:

“The life of every pedestrian is precious and invaluable and no ill shall follow them, merely because they choose to use public spaces in exercise of their fundamental right...”

Case Title: District Insurance Officer v Joy Wilson

Case No: MACA 352/ 2022

Counsel for Appellant : K V Manoj Kumar

Counsel for Respondents: Srinath Girish, P Jeril Babu, M K Sumod, Abdul Rasoof Pallipath, Vidya M K , Nirmal S