NEW DELHI: The National Human Rights Commission (NHRC) has asked the Secretary, Ministry of Road Transport & Highways, Govt. of India, to act on the rights of cyclists, deaths and Injuries of cyclists, the environment friendly commuters in India due to negligence and inaction of authorities.
Acting on a petition filed by Supreme Court Advocate and Human Rights Activist Radhakanta Tripathy, the NHRC passed the order and sought for the report from the Authority within six weeks.
Citing several examples of deaths and injuries in Indian States, the plea stated that India’s roads are deadly – design fixes could make them safer for everyone.
Scientific improvements such as road consistency, speed lanes, median breaks alongside pedestrian safety features can go a long way. There was lack of proper mechanism and failure of the Government to ensure the safety and security of the cyclists, Tripathy said.
The State Governments, including Odisha didn't distribute helmets to the students whom it provide cycles free of cost. The State does not ensure proper education and awareness to the students nor to the other cyclists as to how to ride the cycles with compliance of road safety. The Highways, roads don’t have proper identification of black spots and accident zones.
The States and UTs don’t have separate lane for the cyclists nor special laws, rules, guidelines for the cyclists. Roads are encroached and drivers drink and drive on the roads.
On July, 19, 2018, In a tragic incident, at least five students, including three girls, were run over by a speeding truck while four others sustained grievous injuries near Thana Chhack on NH-16 in Bhadrak district. Police sources said the mishap occurred at around 4.15 pm when the students were returning from their school.
The truck hit them from behind killing four on the spot. Cyclists in Indian cities are being edged out systematically to make way for cars. They have never truly been safe on India’s roads. The cycle may be an environment-friendly mode of transportation but it is not the safest, he said.
At least 10 cyclists were killed per day on average in 2022 across the country in road accidents. As per the 2022 National Crime Records Bureau (NCRB) data, 3,435 cyclists were killed across the country in road accidents while another 6,426 people were injured, Tripathy said.
The analysis of the NCRB data shows that no particular state has constantly been on the top but there has been shifting of the title.
In 2022, Uttar Pradesh reported the highest number of cyclist death in a road accident. In 2021, it was Bihar. Between 2018 and 2020, Tamil Nadu reported most such death and in 2015 and 2016, Marahrashtra was leading in cyclist deaths.
The study titled “Population-level estimate of bicycle use and fatality risk in a data-poor setting” by Indian Institute of Technology-Delhi, claimed that safe cycling infrastructure can reduce the numbers drastically.
The WHO in its data on road safety points to the fact that India is among the nations where there is no comprehensive speed laws.
Veerappa Moily, the then Oil minister has suggested for decongesting roads include car pools and a “free cycle scheme” in select cities for saving fuel and offered funding support from oil sector companies. The practice of Cycling is prevalent in advanced countries.
Cycle Lanes - Cyclists have right of way on cycle lanes. However, in India we do not have cycle lanes or tracks on most of the roads.
All the above facts lead to one aspect of human rights that is using cycle and ensuring safety to cyclists not only help keeping environment healthy but also save fuel and keeps the cyclist healthy also.
Therefore not providing space for the cyclists by the road authorities and not ensuring safety to them by the traffic police amounts to serious violation of human rights, Tripathy contended.
Free Cycle distribution to the school students without helmets sans dedicated lane for the cyclists causing thereby deaths and injuries violates basic human rights and pose serious issues of fundamental rights of movements, right to life and liberty. Deaths and injuries of Cyclists due to apathy, inaction and negligence of Gocernment Authorites pose serious question of human rights, Tripathy alleged.
He requested to call for detailed report from the Union of India and from the States and UTs about the current position of cyclists to ensure extensive research work and direct the central government to enact comprehensive speed law and set up of an apex body. The “National Road Safety and Traffic Board” having regulatory and advisory powers under the National Road Safety and Traffic Management Act vested with power to issue directives and undertake road safety audits.
Tripathy also requested the NHRC to recommend the Ministry of Roadways to ensure space, lanes for cyclists along with safety measures. And also direct the governments of States and UTs to ensure school students use cycles with helmets, identify black spots, accident cones in all the roads, be it National Highways, State Highways or other roads. He further recommend the States and UTs to pay compensation to the next of the family members, in case of the death of cyclists.