Form Swift Response Protocols For Road Accident Victims; Enforce Drivers' 8-Hour Daily Work : Supreme Court To States/UTs

The Supreme Court on Thursday issued significant directions to all states and union territories, mandating them to take effective steps towards developing swift response protocols to ensure that victims of road accidents receive immediate assistance. A Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan emphasized the growing concern of delayed medical help and rescue efforts for accident victims, calling it a matter of serious public interest.“A very important issue has been flagged by the applicant. Road accidents in our country are on the rise. The reasons may be different. There are cases where victims do not get immediate healthcare,” the Bench observed in its order.The Court acknowledged that in many instances, accident victims may not be injured but remain trapped inside vehicles, highlighting the broader need for a comprehensive state response mechanism. While the applicant had suggested six heads of protocol, the Court refrained from issuing a writ of mandamus at this stage. However, it underscored the urgent need for action.“We are of the view that the state governments and union territories must work on having swift response protocols, as in every state at grassroots level the situation may be different,” the Court said.Accordingly, the Court directed all states and union territories to initiate steps within the next six months to create and implement such protocols, with the objective of ensuring that help reaches accident victims without delay. The respective governments have been asked to place their responses on record within the stipulated time.We therefore direct all state governments and union territories to take effective steps for developing swift response protocols with the object of ensuring that help immediately reaches the victims of road accidents. We grant time of 6 months to states and union territories to take appropriate action and place the response on record.Directions on Drivers' Working HoursIn a related direction aimed at improving road safety, the Supreme Court also turned its attention to the working conditions of drivers of transport vehicles. Invoking provisions under Section 91 of the Motor Vehicles Act and the Motor Transport Workers Rules, 1961, which restrict drivers to 8 working hours per day and 48 hours per week, the Bench raised concerns about the implementation of these safeguards.“The question is implementation of the provisions,” the Court noted, highlighting that the law is frequently flouted, leading to fatigue-related road accidents.To address this, the Court directed the Ministry of Road Transport and Highways to convene meetings with all state and union territory departments to formulate effective implementation strategies. The Ministry has also been tasked with collecting reports from the states and union territories on the implementation status of the working hour provisions.We therefore direct the Ministry of Road Transport and Highways of the Government of India to convene meetings of the concerned departments of all the states and union territories for working out effective methods to implement the provisions regarding working hours of the drivers.Significantly, the Bench directed that the possibility of invoking penal provisions against violators be considered in the discussions. “Unless there are deterrents, important provisions regarding working hours of the drivers cannot be implemented,” the order stated.All state governments have been instructed to submit their compliance reports to the Ministry by the end of August. The Ministry will then compile a comprehensive report and submit it to the Supreme Court for further directions.Case no. – WP (C) No. 295/2012Case Title – S. Rajaseekaran v. Union of India and Ors.Click Here To Read/Download Order

Form Swift Response Protocols For Road Accident Victims; Enforce Drivers' 8-Hour Daily Work : Supreme Court To States/UTs

Amisha Shrivastava

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