Not a single person on a two-wheeler vehicle bothers to wear a helmet, lamented the Gujarat High Court on Wednesday while expressing concern over the rise of road traffic accidents in Ahmedabad (Dharini Shah & Ors. v. State of Gujarat & Ors.)
Chief Justice Sunita Agarwal questioned if there was any point in simply issuing traffic rule violation tickets (challans) when there was such scant respect for traffic rules.
“Nobody wears helmets here. I have not seen a two-wheeler rider wearing a helmet. You cannot see a single person wearing a helmet. I am receiving information on paper that there are challans being issued for not wearing helmets but if everyone is not wearing helmets, what is the point of challan?" she remarked.
She also noted that the issuance of challans should not be left to the discretion of individual police officers.
"It has to be E-challan (electronically issued challans). When the challan is through the camera, it directly goes to the owner of the vehicle. It should not be at the discretion of the police personnel to issue challans," the Chief Justice said.
The Division Bench comprising Chief Justice Agarwal and Justice Pranav Trivedi proceeded to give the State fifteen days to take steps to ensure that both the driver and pillion riders on two-wheelers wear helmets.
Additionally, the Court directed the State to resolve certain road safety issues that were arising due to the lack of a service road near the Sarkhej-Gandhinagar Highway (SG highway).
"We are giving you (State) 15 days time to implement the first requirement of putting up this mandatory condition of wearing helmets by two-wheeler riders including the pillion rider and controlling the traffic - to look at people taking wrong sides, entering from wrong sides and work out a survey of the entire city, noticing those entry and exit points which are accidents prone area and high accidents prone areas," Chief Justice Agarwal said.
The Court was dealing with
a public interest litigation (PIL) petition filed by certain residents of Ahmedabad concerning the construction of a flyover bridge at the Panjrapole crossroad. An amendment application was filed in this case concerning the SG highway.
The Court on Wednesday expanded the scope of the PIL to incorporate the following additional aspects:
i) The management of traffic in the city of Ahmedabad and filling up of vacancies in the traffic police;
ii) Management and maintenance of entry and exit points to national highways, specifically SG highway and the feasibility of flyovers in the city.
Apart from the lack of a service road near SG highway, the petitioners' counsel told the Court that the lack of proper traffic management at several entry and exit points was causing problems. He requested the Court to form an expert committee to recommend solutions.
The petitioners further urged the Court to order strong action against those driving on the wrong side of the road, rash drivers and those who drive two-wheelers without wearing helmets.
The Court on Wednesday noted that the construction of service roads beside the SG highway is important as it did not lie on the outskirts of a city (as is usually the case with national highways) but connected two cities (Ahmedabad and Gandhinagar).
To ease traffic congestion woes near the highway, the Court suggested that signboards could be put up to identify areas where traffic may be heavy at specific timeslots.
The Court added that there should be a holistic approach to studying such issues concerning road safety.
While constructing roads, highways and flyovers, such safety and convenience issues must be taken care of, particularly at entry and exit points, Chief Justice Agarwal explained.
“And if you are diverting traffic from one place to another ... whether it is creating any problems - that aspect is also to be seen," Chief Justice Agarwal further observed.
