Kerala HC terms right to motorable roads as a Constitutional right, seeks safety and quality audit report within a month

Asserting that the right to motorable roads is a Constitutional right, the Kerala High Court has directed the government to file a road safety and quality audit report within a month.

A Bench of Justice Devan Ramachandran added orally that the right to travel is within the compass of the fundamental right while dealing with a case regarding the spate of accidents due to potholes, the poor upkeep of roads in Kerala and the rampant violation of traffic rules. The court cited incidents like one in Thrissur where a two wheeler rider who swerved to avoid a pothole being fatally hit by another vehicle, right in front of his mother, to shed light on the deteriorating conditions of the roads.

These are not mere accidents, and ought to have been eye openers. Yet, the court still does not see concrete actions, it added. The amicus curiae for the case Vinod Bhat said that only peripheral work was done, despite multiple orders by the court.

Designated engineer

Stating that every road had a designated engineer who was prima facie responsible to ensure its upkeep and to prevent accidents due to potholes, the court expressed the hope that stakeholders, including at the highest level, would proactively find feasible and lasting solutions. It specifically mentioned the expected increase in traffic during the impending Onam season.

Although the court had earlier sought a comprehensive audit report on road safety and quality from the Public Works department and the Kochi Corporation, the government’s counsel sought additional time to submit the report. The matter has been posted for hearing the coming week.