SC orders nationwide roll out of electronic challan system

SC bench said Section 136A is an “innovative provision” designed to help state governments ensure that road discipline is rigorously maintained

The Supreme Court on Monday emphasised the urgent need for strict enforcement of road discipline across the country by leveraging electronic monitoring and enforcement devices, as it directed all states and Union territories (UTs) to implement the legal provision which mandates the use of technology such as speed cameras, CCTV cameras and speed guns to monitor and enforce road safety on national highways, state highways and urban roads.

SC orders governments to immediately implement Section 136A of the MV Act.

A bench of justices AS Oka and Augustine George Masih ordered governments to immediately implement Section 136A of the Motor Vehicles (MV) Act, 1988, which was introduced by way of an amendment in 2019 to mandate electronic monitoring for road safety.

The bench asserted that Section 136A is an “innovative provision” designed to help state governments ensure that road discipline is rigorously maintained. “If Section 136A is implemented, the state machinery will get data of the vehicles and individuals who are offending the provisions of the MV Act and rules so that those violating the provisions can be prosecuted,” the bench stated in its order.

In addition to the implementation of Section 136A, the court also directed state governments to ensure compliance with Rule 167A of the Central Motor Vehicles Rules, 1988. This rule outlines the guidelines for using electronic enforcement devices to issue challans (penalties) for various traffic violations, such as overspeeding, unauthorised parking and not wearing protective gear. The bench maintained that challans should be issued based on footage from these electronic devices, ensuring accuracy and fairness in the enforcement process.

Deciding to monitor compliance by grouping states in batches, the bench singled out the governments of Delhi, West Bengal, Maharashtra, Tamil Nadu, Karnataka and Kerala, directing them to report on their compliance with Section 136A by December 6, 2024. These reports are to be submitted to the amicus curiae, senior advocate Gaurav Agarwal, and the court will review the progress on December 13, 2024. Further directions will be issued to ensure nationwide compliance with the MV Act.

The court also mentioned that the Supreme Court Committee on Road Safety, already appointed to oversee road safety measures, will monitor the implementation of Section 136A and Rule 167A. A copy of the court’s order will be sent to the committee to facilitate necessary actions.

The Union ministry of road transport and highways, represented through additional solicitor general Vikramjit Banerjee, was also directed to send the court order to all the states and UTs for their compliance.

This directive came as part of a broader hearing in a writ petition filed by S Rajaseekaran, a prominent orthopedic surgeon, who raised concerns about the high number of road accident deaths in India.

The court is also considering other critical issues in the same case, including the provision of cashless treatment for road accident victims and the creation of a mechanism for the General Insurance Corporation of India to make online compensation transfers directly to eligible individuals.

Last week, the court indicated that it would issue directions to implement a statutory scheme for compensation and cashless treatment for road accident victims under the relevant provision of the MV Act.