The Road to Safety: Rajasthan High Court Declares "Right to Life Includes Safe Highways"

The Road to Safety: Rajasthan High Court Declares "Right to Life Includes Safe Highways" – A Landmark Ruling

At the Policy Research Action Network (PRAN) Foundation, we have long advocated for a multi-disciplinary approach to road safety. Today, we welcome a transformative legal development: the Rajasthan High Court has formally recognized that "Right to Life includes Safe Highways."

This is not merely a judicial observation; it is a constitutional mandate. By linking road safety to Article 21, the court has elevated infrastructure maintenance from a discretionary administrative task to a fundamental human right.

The Case: Himmat Singh Gehlot v. State of Rajasthan

In a decisive ruling in February 2026, a Division Bench comprising Dr. Justice Pushpendra Singh Bhati and Justice Sandeep Shah addressed the systemic issue of illegal encroachments within the National Highway "Right of Way" (ROW).

The Court took judicial notice of a critical failure we often highlight at PRAN: the lack of inter-departmental coordination. This failure leads to unauthorized access points and illegal structures that serve as "black spots," directly contributing to fatal accidents.

Judicial Directives: A Blueprint for Accountability

The ruling provides a clear legal framework for restoring safety to our highways:

• Mandatory Two-Month Deadline: The Court has ordered the immediate removal or relocation of all encroachments within a strict sixty-day window.

• The Supremacy of Public Safety: Reaffirming the Supreme Court’s stance in Union of India v. State of Gujarat, the Bench clarified that religious structures are not exempt if they compromise public safety. The "Right of Way" must be preserved exclusively for the safe movement of traffic.

• Invalidating "Illegal" Permissions: The Court held that utilities or licenses previously granted to illegal structures cannot be used as a defense (estoppel) against removal. Public safety is the absolute priority.

• Zonal Enforcement: The ruling reinforces the sanctity of the ROW, the "Building Line" (no-construction zone), and the "Control Line" (strictly regulated zone).

Strategic Impact: Engineering Out Hazards

For PRAN, this judgment provides the "Legal Force" necessary to address the Engineering pillar of road safety.

While our Rah-Veer (Good Samaritan) Scheme focuses on the "Golden Hour" response after a crash, this ruling empowers us to target the root causes. By clearing illegal "dhabas" and structures that force hazardous parking and pedestrian movement, we can mitigate risks before a tragedy occurs.

The PRAN Call to Action

We urge the National Highways Authority of India (NHAI) and Rajasthan State authorities to implement this directive with the urgency it demands. Safe infrastructure is a right, not a luxury.

PRAN will continue to monitor the enforcement of this order. We intend to use this landmark precedent to advocate for similar "Hazard-Free Zones" across India’s national and state highway networks.

#RoadSafety #RightToLife #SafeHighways #RajasthanHighCourt #PRANFoundation #LegalAdvocacy #HimmatSinghGehlotCase