·The Hindu·15 marks·250–350 words

"Judicial fiat alone cannot ensure road safety compliance in India." Discuss the administrative and structural bottlenecks undermining the Motor Vehicles (Amendment) Act, 2019.

In this answer
  1. Why judicial directions cannot suffice
  2. Administrative bottlenecks
  3. Structural bottlenecks

India accounts for roughly a tenth of the world's road traffic deaths while holding a fraction of its vehicle fleet [3]. Hearing a petition on unenforced seat belt and child-safety rules in September 2026, the Supreme Court held that the law is adequate and the duty lies with enforcement agencies [4]. The deficit, therefore, is administrative and structural — not legislative.

Why judicial directions cannot suffice

  • Courts can direct ministries to examine and report, but cannot recruit traffic police, install cameras or redesign junctions — the actual determinants of compliance.
  • Judicial monitoring is episodic and centralised, whereas enforcement is a daily, street-level function dispersed across states and municipalities.

Administrative bottlenecks

  • Thin traffic police cadres and urban-centric deployment, while fatalities concentrate on highways and rural stretches; over-speeding remains the dominant violation [2].
  • A penalty-centric model: crores of e-challans are issued, but weak adjudication and recovery dilute deterrence.
  • Section 136A electronic enforcement, inserted by the 2019 Act, depends on state-funded camera and ITMS networks that remain unevenly rolled out [1].
  • Fragmented accountability among police, RTOs, highway authorities and urban local bodies, with no single answerable agency at district level.

Structural bottlenecks

  • Federal mismatch: police and public order are State subjects (Seventh Schedule, List II); the Centre sets standards, states enforce, and the National Road Safety Board is advisory rather than supervisory [1].
  • Profile mismatch: two-wheeler riders and pedestrians formed the largest shares of 2024 deaths [2] — groups outside seat belt and child-restraint protection, so occupant-restraint drives address only a minority of deaths.
  • Engineering deficits: missing footpaths, unsafe crossings and negligible traffic calming.
  • Manufacturer-side loopholes, such as seat belt reminders that are not tamper-proof.

Judicial intervention supplies impetus, and the 2019 Act the mandate; compliance, however, is produced by state capacity. Empowering the National Road Safety Board with monitoring authority, funding state ITMS, adopting pedestrian-first design under the National Road Safety Policy's education–enforcement–engineering approach [5], and auditing vehicle-side safety features would convert statutory intent into saved lives, advancing India's SDG 3.6 commitment.

Sources

  1. 1The Motor Vehicles (Amendment) Bill, 2019 — PRS Legislative Researchstricter penalties, electronic detection of violations, National Road Safety Board as a notified advisory body
  2. 2Road Accidents in India 2024, MoRTH (Transport Research Wing)two-wheeler and pedestrian shares of fatalities; over-speeding as dominant violation
  3. 3Road Safety India 2023 Country Profile, WHO Global Status Report on Road SafetyIndia's disproportionate share of global road traffic deaths
  4. 4Supreme Court of India — Latest Orders (order/observations dated 9 September 2026 on implementation of seat belt and child safety rules)Court's view that existing rules suffice and enforcement authorities must implement them
  5. 5National Road Safety Policy, Ministry of Road Transport & Highwayseducation, enforcement and engineering framework for the way forward

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