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A plea has been filed in the Delhi High Court by Utkarsh Trivedi, 4th year student of National Law University Odisha, filed a through his advocate, Satyam Singh Rajput, for the suspension of issuance of challans through Red Light Violation Detection Cameras, as it instils a fear in the drivers ahead of an ambulance, on the road and hence do not move ahead to give way to the ambulance, especially during the current pandemic.

The present case stated that,

In a recent article by the Print Media Agency on 25th April, 2021 reports on the lining up of Ambulances to enter the hospitals and a person being declared brought dead after several hospitals turned him down. In such a situation, where hospital beds are being occupied by the minute, spending precious minutes lining up at a traffic light by ambulances is problematic.

(a) During the first two days of May, 2021 over a fifty thousand people tested positive for the Corona Virus, and more than 800 people died in Delhi, hence the requirement of a robust healthcare mechanism, and transportation becomes necessary.

(b) Hence, the transportation of such critically ill COVID patients need to be done in a rapid and swift manner. This transportation is being affected due to the deterrence of drivers in Delhi, due to the traffic cameras which do not have a conscience of its own, and adding to the cumbersome process of challenging a challan, drivers do not give way and wait for the traffic lights to turn Green.

“This petition concerns itself with the indulgence of this Hon’ble Court to issue directions to the Respondents for seeking a Writ in the nature of Mandamus or any other appropriate Writ, Order, Directions of like nature directing the Respondents to suspend the issuance/usage of Challans by the Red-Light Violation Cameras in Delhi. Due to the deterrence of drivers standing in front of Ambulances at a traffic light, being scared of the repercussions of either crossing the red light or even moving over the STOP LINE to get the ambulance to pass over, the ambulances do not get their Right of Way, and have to stand for crucial minutes on every traffic light where such a camera is installed.”- Excerpt from the plea.

The Division Bench of Chief Justice DN Patel and Justice Jasmeet Singh will be taking up the matter tomorrow (11^th May, 2021).

The petitioner through his learned counsel has contended that,

“Section 136A of the Motor Vehicles Act, 1988 which provides for the usage of electronic devices on the roads for issuance of violations needs to be suspended, for the purposes of Challan issuance on the Traffic Light. The Vehicles stationed infront of an Ambulance carrying a patient loses crucial time, waiting for the traffic light to turn green, when it clearly has a Right of Way under Regulation 27 of the Motor Vehicles (Driving) Regulations, 2017. However, Section 194E of the Motor Vehicles Act, 1988 also punishes those vehicles which do not give way to an Ambulance, while on the road, therefore, the driver is in the position of committing either of the two offences, either Stop Line/Traffic light jump violation or blocking the way of an Ambulance, while on the road.”

He has further stated in the plea that,

“The Hon’ble Supreme Court in Bandhua Mukti Morcha vs. Union of India (UOI) and Ors, AIR 1984 SC 802 has held that “This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief.”

It must be noted that the petitioner had written to the Respondents (Ministry of Home Affairs, Commissioner of Police Delhi and Spl Commissioner of Police, Traffic) previously too, however no response was received.

The Petitioner has sought the following reliefs –

 (a) Issue directions to Respondent No. 1 to suspend the usage of the Traffic Light Violation Cameras under the Motor Vehicles Act, 1988 till the situation in Delhi gets better;

(b) Issue directions to Respondent No. 2 and 3 to ensure that Ambulances at traffic lights are given utmost priority;

(c) Pass such further orders as may be deemed fit and proper in the facts and circumstances of the present case.

 

Case Title - Utkarsh Trivedi v Union of India