E-Paper
New national guidelines on traffic cameras in works to keep dangerous driving in check
Section 136 (2) mandates the Centre to make rules for the electronic monitoring and enforcement of road safety
India is set to use electronic monitoring to improve road safety with the commencement of an exercise to frame national guidelines to keep an electronic eye on errant and reckless drivers.
On Thursday, the Supreme Court was apprised of the task undertaken jointly by the Union government and the Supreme Court Committee on Road Safety for laying down uniform parameters for placing devices such as CCTV cameras at highways and at critical junctions in cities, besides standardising other measures that can help in effective monitoring and speedy identification of incidents on the highway stretches.
Inserted in 2019, Section 136A of the Motor Vehicles Act empowers the Centre to issue appropriate directives for the state governments on electronic monitoring and enforcement of road safety at high risk and high density corridors on National Highways and State Highways, and at critical junctions in any urban city within a state which has a population up to such limits as may be prescribed by the central government. By a notification in August 2021, states were asked to ensure enforcement of Section 136A at least in major cities with a population in excess of one million people.
Section 136 (2) mandates the Centre to make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras, and similar technological interventions.
The top court, which has over the last 10 years issued a bundle of directions on road safety and protection of good Samaritans while hearing a public interest litigation (PIL) filed in 2012, is currently monitoring due enforcement of Section 136A to reduce road accidents, injuries and fatalities.
According to the Centre, there were 412,432 reported road accidents in 2021, claiming 153,972 lives and causing injuries to 384,448 people.
The bench, headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, was on Thursday shown the conclusions of a meeting of the SC Committee on Road Safety, led by a former apex court judge, justice AM Sapre, held on March 15 wherein the Centre and the Committee were on the same page that instead of drawing up state-specific guidelines, there should be uniformity across the nation with regard to the modalities for implementing Section 136A.
“The minutes indicate that the Secretary MORTH (ministry of road transport and highway) indicated that the ministry will take up the exercise of standardisation and bring out detailed guidelines to integrate software and hardware with E-Vahan/E-Challan. MORTH intends to standardise national guidelines for hardware and software so that there is uniformity across the nation,” noted the court in its order.
It further cited the interim report of the committee, which has decided to entrust the National Crime Research Bureau (NCRB) with the task of preparing a concept paper on the modalities of implementation of a nation-wide roll out of effective enforcement of road safety measures.
“The concept paper would be guided by the provisions of Section 136A and the rules issued thereunder and develop a time bound E-enforcement road map that demonstrably reduces fatalities and accidents. It could provide inputs regarding standardised hardware and software and the SOPs required for a seamless, two-way, real-time proliferation of data collection and processing between the enforcement officers in the field, the state/central control centres,” the committee’s report stated.
The report was submitted to the court by advocate Gaurav Agarwal, who has been assisting the court as an amicus curiae. Additional solicitor general Madhavi Divan represented the Centre in the court.
To guide the preparation of the concept paper, the Committee asked NCRB’s director general to constitute a panel of senior bureaucrats from ministries of home affairs, electronic and information technology, MORTH, NCRB, NHAI, state governments and other expert bodies. The concept paper that is likely to be finalised and reduced into an implementation plan within six months will be subsequently presented to the Supreme Court for issuance of appropriate directions.
Taking note of the recent developments, the bench fixed the next hearing in August. “In view of the above developments and since the NCRB is to prepare a concept paper on the modalities for implementing a nation-wide roll out of the E-enforcement of Section 136A, we presently stand over the proceedings to 7 August 2023. We would request Mr Gaurav Agarwal, the amicus curiae to place an updated status report on the next date of hearing,” stated the order.
