SC directs states, UTs to create swift response protocols for road accident victims

Agra: Taking note of the rising number of road accidents across the country that result in grave injuries and loss of lives, the Supreme Court has directed all states and Union Territories to formulate a "Swift Response Protocol" (SRP) within six months. The court said the protocol must ensure timely medical assistance, fair compensation for victims, and legal protection for good Samaritans who help at accident sites.

The order came during the hearing of a PIL filed by Agra-based lawyer K C Jain. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan observed that while the causes of accidents may vary, there are far too many instances where victims do not receive immediate help or remain trapped in vehicles due to a lack of rapid response systems.

"Road accidents in our country are on the rise. There are cases where victims who are injured do not get immediate help. There are also cases where victims may not be injured but get trapped in vehicles. The issue raised by the applicant is about the obligation of the state to create a mechanism that will provide swift assistance. Though it may not be feasible at this stage to issue a mandamus, nevertheless, the states must take effective steps to put in place swift response protocols to ensure safety and timely help for victims," the bench said.

The additional advocate general told the court that the National Highways Authority of India (NHAI) has already prepared a note outlining road safety measures and protocols. Acknowledging the development, the court directed NHAI to share this note with all states and UTs to help guide them in formulating their own response systems.

The bench also instructed NHAI to file an affidavit within six months detailing the steps it will take to support the implementation of these safety measures.

In addition, the petitioner raised the matter of the National Road Safety Board's pending formation. In response, the court directed the Centre to expedite the appointment of the board's chairman and members, and to file a response within two weeks.

Speaking to TOI, Jain said, "Until an injured person on the road receives timely assistance and the compulsion to make fatigued drivers operate vehicles continues, we are risking losing our loved ones every day. This fight is not just about legal reform. It's about saving lives. I believe that change is imminent because the court has now heard the voice of humanity."