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Home EDITORIAL

Supreme Court’s Road Safety Mandate

Editor by Editor
October 8, 2025
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Supreme Court’s directive on October 7, 2025, mandating all states and union territories to frame comprehensive road safety rules within six months under the Motor Vehicles Act, 1988, could not have come at a more opportune moment for Jammu and Kashmir. In a newly carved UT where treacherous mountain roads, bustling urban streets, and a mix of motorised and non-motorised traffic converge to create daily hazards, the order addresses a long-standing crisis. Penned by Justices J B Pardiwala and K V Viswanathan, the ruling emphasizes regulating the movement of pedestrians and non-motorised vehicles in public spaces via section 138(1A), alongside establishing standards for the design, construction and maintenance of non-national highways under section 210D. For Jammu and Kashmir, particularly the Kashmir Valley, where road accidents claim lives at an alarming rate, this is not just a legal obligation, it’s a lifeline.

Jammu and Kashmir’s road accident crisis is stark, from 2019 to October 2024, the UT saw 4,899 fatalities and 40,065 injuries, one death every two hours, double the national average. In the first nine months of 2024, 4,457 accidents claimed 621 lives, signalling an upward trend. Kashmir Valley suffers most, its narrow, winding roads and pedestrian-packed markets contributing to over 4,200 deaths from 2018-2022 (averaging 800 annually). July 2025 was deadliest, with 69% of crashes rural, 15% hit-and-runs, 8% from overturns and 4% from head-ons. Pedestrians remain highly vulnerable, forced to share ill-maintained paths with speeding vehicles, carts, and bicycles.

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Hilly terrain amplifies risks, where poorly designed roads, lacking proper signage, barriers, or drainage, lead to frequent skids and rollovers during rains or snow. Non-motorised vehicles, such as horse-drawn carts in rural Kashmir or cycle rickshaws in urban areas, navigate the same lanes as heavy trucks and buses, often without regulated access points. Pedestrian safety is further compromised by encroachments on sidewalks, unregulated street vending and a culture of rash driving exacerbated by inadequate enforcement. The 2023 data reveal 6,298 accidents resulting in numerous fatalities, many involving vulnerable road users. While the J&K Road Safety Policy-2025, notified in March, marks a step forward with broader goals like driver wage regulations and awareness campaigns, it falls short of the specific rulemaking under sections 138(1A) and 210D that the supreme court now demands. The policy, though well-intentioned, lacks the granular focus on pedestrian zones, non-motorised traffic segregation and maintenance protocols for the roads that could prevent tragedies.

Supreme Court’s intervention, prompted by a petition from Coimbatore-based surgeon S Rajaseekaran highlighting India’s epidemic of road accidents, offers Jammu and Kashmir a blueprint for change. By framing rules under section 138(1A), the administration can designate pedestrian-only zones in crowded areas in Srinagar or along the Jammu-Srinagar highway, restrict non-motorised vehicles from high-speed corridors and enforce speed limits in mixed-traffic zones. Under section 210D, standards for road construction such as wider shoulders, reflective markers and regular audits could transform the Valley’s accident-prone stretches.

Compliance within the stipulated six months would not only align with national mandates but also build on existing initiatives like the 2018 Road Safety Council Act, potentially reducing fatalities by addressing root causes like poor infrastructure and unregulated access. In a union territory marked natural challenges, road safety should not be another overlooked battle. Supreme Court’s directive is a clarion call for action. Let Jammu and Kashmir seize this opportunity to pave the way for secure journeys, honouring the lives lost and protecting in future. The clock is ticking—six months to turn tragedy into triumph.

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