ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Girish AgrawalSubscribe to Girish Agrawal

Is Public Interest Litigation an Appropriate Vehicle for Advancing Road Safety?

Public interest litigation has value as a tool for enhancing road safety. But it is unlikely to succeed if it asks courts to give directions to the government on a wide range of road safety policies, or if it asks for amendments to the law, or if it asks the judges to direct the government on desired legislation. It has a fair likelihood of success in a high court if the petitioners focus on aspects of road safety for which laws are already on the books but are not being enforced properly. The Supreme Court is likely to consider the issue favourably only if the petitioners make a convincing argument that unsafe roads have a negative impact on a fundamental constitutional right
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