Open House: What can authorities do to ensure the right to road to every citizen?
Set up body to monitor roads’ status
To ensure that residents can enjoy the basic right of roads, the district administration must guarantee good quality roads to the residents. Successive governments have constructed defective roads in the district. This is because of rampant corruption as the contracts for roads were given to the contractors who had bribed the officials, which resulted in the usage of defective material for road construction. Secondly, a body of officials should be set up to monitor the status of roads on a regular basis. Last, but not the least, a feedback centre should be established for roads throughout the city whereby residents can complain any time regarding their grievances about roads.
Sanjay Chawla
Penalise erring officials
The right to a road is part of the right to life as it allows an individual and his family access to the services they need to live comfortably. There may be a hazard to the lives of those living in the house if the approach road to his house is blocked in any way, as this would hinder emergency services like medical and safety facilities. If there is a violation of their right to direct survival and an attempt to deny them the right, it should be considered a serious crime. In order to prevent the violation of this right, accountability of the authority must be established. Moreover, if the relevant authority fails to visit the site of construction, it implies that he is undermining the fundamental or essential system of the city, colony or developing site. Severe punishment, such as termination or a heavy fine, should be meted out to the erring officials by district administration.
Aarti Rana Chauhan
Spreading awareness is the key
The Punjab and Haryana High Court recently stressed that right to a road is a part of the right to life. The district administration should take various steps to ensure that the local residents are not denied this basic right. Firstly, they should educate every citizen about the significance of this right. Secondly, they should make sure that the residents can avail all the necessary medical facilities in case of an emergency situation through the construction of an ambulance road. Moreover, the construction of a revenue road to enable all villages to avail medical facilities is a duty that falls upon the gram panchayat.
Jasleen Kaur
Ensure inclusiveness in mobility
In an ideal society, the integration of inclusivity and mobility is paramount, as it fosters a sense of belonging among the citizens. Ensuring inclusivity in mobility becomes crucial for establishing pedestrian-friendly environments, thereby enhancing the safety and accessibility of non-vehicular zones. This approach not only promotes socio-cultural interactions but also celebrates the diversity within the population. To achieve these goals, it is imperative for authorities to utilise smart technology and traffic management systems to effectively regulate the movement of vehicles and pedestrians, especially in densely populated areas. Implementing measures such as one-way systems, traffic restrictions and timed access can successfully strike a balance between the mobility needs of all road users. Embracing a multimodal approach that caters to diverse travel patterns and preferences, encompassing walking, cycling, public transportation and ride-sharing services empowers authorities to uphold the right to road for every citizen in a city. By prioritising inclusivity in mobility, societies can create an environment that embraces and empowers all individuals, ensuring an equitable access to transportation facilities. This not only promotes social cohesion but also enhances the overall well-being of the community as a whole.
Chetan Verma
Ensure there are no potholes on any road
Close on the heels of the Karnataka High Court passing a similar order, the Punjab and Haryana High Court in its recent ruling has made it clear that the right to road is a part of the constitutional right to life of every citizen. The gram panchayats or civic bodies are under an obligation to provide a good passage to every house to facilitate ambulance services in case of an emergency. Even otherwise, the authorities should ensure that roads have no potholes and these should be regularly checked and repaired. Any failure to do so would be treated as a violation of an individual’s right to life and personal liberty as enshrined in Article 19 and 21 of the Constitution and the sufferer is entitled to seek due compensation not from the government but from the sarpanch concerned. In cities also, the Municipal Committees and Corporations should check the misuse of pedestrian paths, encroachments by shopkeepers and vendors, and haphazard and unplanned parking of vehicles on roads. Cycle tracks should be duly constructed and properly lighted. Besides ensuring efficient maintenance of roads and proper adherence to traffic rules, they should also facilitate careful transporting of schoolchildren according to instructions issued by the school administration from time to time. Adequate measures should be taken to avoid rush on the city roads during school timings. The school managements should be directed not to ply big buses but vans on the busy roads. It is the constitutional duty of the district administration to solve other problems faced by residents to ensure quality life.
DS Kang
Make dist admn more citizen-centric
Article 21 of the Constitution states that ‘No person shall be deprived of his life or personal liberty except according to a procedure established by law’, and the same is at the heart of the Constitution. Recently, the Punjab and Haryana High Court decided that the right to a road up to the homestead of every citizen is a part of this right to life. It encompassed the state’s, may it be gram panchayat, solemn duty to provide convenient access, i.e., a ‘revenue rasta’ (an access road documented in the government revenue records) to even a singular homestead to completely subserve his constitutional right to life. This is essential for facilitating ambulance services being purveyed to a citizen requiring emergent medical aid. Ensure this basic right to citizens, although sufficient provisions are there at the disposal of the district administration, yet weak and ineffective implementation of these erodes their faith in them. There is a lack of stability, continuity, accountability, efficiency and transparency in the district administration owing to their inflexible and self-perpetuating attitude, political interferences and frequent transfers. Hence, there is a need to make the district administration more citizen-centric by encouraging the active participation of citizens using modern technology and making a more responsive grievance redressal mechanism.
Dr Kulwant Singh Phull
Engage RWAs, panchayats
In a sovereign state, citizens cannot be deprived of the basic rights and amenities. Good roads are essential for safe and secure journey to the destination. The Constitution makes access to roads a Fundamental Right under Articles 19 and 21. The High Court of Punjab & Haryana recently stressed that the ‘right to road is a right to life’. Therefore, maintenance of pathways & roads is the foremost duty of the administration under the public utility services so that the citizens do not face any inconvenience and life runs smoothly. But to our dismay, often we come across roads damaged and streets broken, laden with patches of filth and deep pits at several places. Invariably, the construction quality is compromised by the contractors in connivance with corrupt officials. Owing to ill-managed roads, a number of precious lives are lost, besides extensive damage to vehicles plying on them. Surprisingly, nobody is held accountable. Though people pay taxes to the government in the form of road tax, property tax, vehicle registration levies, tolls, etc., for maintenance of roads and upkeep of the infrastructure, still they suffer due to the lackadaisical approach of the authorities. Such dereliction of duty deserves no mercy and must be subjected to stringent action. To ensure quality and regular upkeep of roads, residents’ welfare associations in urban areas and panchayats in villages can be of great help to exercise constant vigil on contractors or officials indulging in foul play. According top priority, sewerage connections and water pipes should be laid in a planned manner before the roads or streets are built to avoid consequential pits or manholes on digging for repairs. Parking is also a big problem in all cities, efforts be expedited to arrange space for the purpose. Regular police patrol is necessary to check hooliganism, encroachments or unauthorised parking of vehicles on roads and streets. Last but not the least, review meetings need to be arranged by the administration periodically to get a feedback on the affairs of city infrastructure and the shortcomings noticed be addressed to quickly. In addition, road signs, speed limits, diversion indications, etc., ought to be prominently displayed for convenience of the commuters.
Nirmaljit Singh Chatrath
Construct cemented roads that last long
Citizens deserve the right to road as they pay prescribed fee and road tax at the time of getting their vehicles registered with competent authorities. However, the governments, instead of using those funds to construct quality roads use them to fulfil their election promises and dole out freebies. Besides, the local administration sometimes doesn’t plan properly the work for laying of underground pipes or cables, which also keep roads in bad shapes. At times, the height of sewerage chambers is more than the road’s, becoming the reason for several fatal accidents. The need of the hour is that the state government should keep a strict vigil when the roads are being constructed. The contractor concerned should be made liable to repair the road if it breaks or potholes occur on it within three years. The Smart City funds should be utilised mostly for cemented roads; and, similarly, the National Highway Authority of India have also got the cemented National Highways constructed. The age of the cemented road is approximately 10 years. Apart from that, the court should announce damages for any fatal accident due to the potholes on roads or damaged roads. The city roads should be repaired or constructed within a stipulated period without fail.
Rajat Kumar Mohindru
Sue authorities if there’s no mobility
The right to life is a fundamental right guaranteed by our Constitution. As per Article 21, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The Punjab and Haryana High Court, in a recent judgement, has elaborated and widened the scope of right to life further by including the right to a road as part of it. It implies that every citizen is entitled to have an access to safe and quality roads for moving freely in each and every corner of the state. It is the duty and responsibility of the government to build and maintain roads for full connectivity and safe mobility from one part to another and in the absence of such an infrastructure in place, the citizens can claim and sue the state as a deprivation of their fundamental right to life. It will definitely put pressure on the government to establish an adequate and reliable road network throughout the state which is otherwise not considered a priority work.
Jagdish Chander
Take erring road contractors to task
The Punjab and Haryana High Court’s statement assumes significance due to increasing road accidents resulting from bad condition of roads. This is not a problem which has recently emerged but an ordeal, which residents have been facing for decades. Who would want such a ‘Smart City’, as ours, with deplorable roads! The district administration needs to seriously redress this issue. The contractors should be chosen after due assessment or analysis of their credibility, quality of material to be used, workmanship of labourers, their past performance, and penalties must be imposed on those who fail to fulfil the terms and conditions of the tenders allotted. Also, any kind of development or repair projects, like that of sewage, surface water, construction, must not cause further inconvenience to commuters. The refuse on the roads create blockages due to accumulation of waste pipes, tools, rubble, and if in any way, the roads get damaged due to these works. Such roads must be repaired at the earliest, instead of leaving them broken or as it is, delaying the process indefinitely for the future. Roads must be maintained regularly, especially during the rainy season, when they easily get inundated with water, filled with potholes, making journeying on roads risky! Besides this, enroachments on thoroughfares must be removed and stray animals should be rescued and moved to the sheds. Beautification, plantation, street lighting, installation of crash-barriers, speed breakers, signages, intelligent traffic management system, fluorescent (reflector) lights, construction of footpaths, bus stops, auto-rickshaw stands, marking of zebra-crossing, etc., can significantly improve the condition of roads and ensure safety of citizens.
Anshika Kohli
Provide mechanism to file complaints
The recent judgment by the Punjab and Haryana High Court linking the right to road with the right to life has elicited widespread appreciation from all sections of society. It will enable citizens to enforce their constitutional as well as legal right to have access to good roads. It is the state government’s statutory duty to provide potholes-free, motorable and safe roads. The problem of poor condition of roads is not limited to any particular town or city in the state. It is the same story everywhere. Commuters are put to great inconvenience. Due to rash, drunken and unregulated driving, incidents of people meeting with accidents, maiming their bodies or losing precious lives are common. Potholes and ditches should be repaired in time and the repair work should be completed within a stipulated timeframe. A mechanism should be provided for citizens to file complaints about bad roads. The district administration should make sure that traffic rules are properly implemented. Roads should be broadened wherever it is possible. To reduce congestion on roads, the authorities should demarcate motor zones or enforce one-way traffic rules and take strict action against encroachers, including shopkeepers and rehriwalas. Parking slots should be created near markets and molls, and all those who park their vehicles on the roadside should be fined. As in good old days, the permission to ply taxis and e-rickshaws should be given in proportion to the capacity of roads. Heavy vehicles should not be allowed during day time. People should be encouraged to walk on foot, use cycles or public transport for performing their daily chores.
Parvaan Singh Kang
Authorities need to be proactive in planning
Infrastructure, especially roads, is central to development of any country, and, as after the court’s observation, a fundamental right of citizen. A road should be free from potholes and should have a proper footpath alongside so that the pedestrians, too, can claim their fair share on it. Unfortunately, the urban development authorities, municipal corporations, public work departments and even the National Highways Authority of India have never taken the issue seriously. Even the town planning department which prepares master plans for cities never implement it rigorously. It is the town planning department that makes layout plans, including thoroughfares, main roads, arterial roads, etc., in a particular area. In most cases, the authorities never keep the layout plan updated on their websites and sometimes even space reserved exclusively for roads in urban areas also gets changed and given to large corporations for making buildings, schools, etc., under political pressure that too without asking objections from residents. This results in congestion in urban areas. Moreover, allotment letters of individual houses define ownership and regulations of building bylaws of their respective houses and never mention complete layout plans even for nearby surrounding areas. Hence what is required is proper-people oriented planning in urban areas so as to have a broader road infrastructure, so that traffic congestion can be avoided. To avoid accidents, all roads need to have proper signage boards regarding speed rules. Speed breakers should also be made wherever needed. To avoid encroachments on roads, people should be educated and made aware of laws and regulations.
Harvinder Singh Chugh
Better roads can prevent accidents
The right to a road is a part of the right to life. However, nowadays, not every citizen is able to enjoy this fundamental right. There have been over 151.4 thousand deaths due to potholes in Punjab in just the past four years. According to Article 21, every citizen has a right to a manhole-free, smooth and safe road. But due to negligence on part of agencies and corruption, road mishaps have been on the rise. Some companies use cheap material, risking the lives of commuters. More than 33,000 lives are lost due to overspeeding. The government can improve the condition of the roads. A decent road is a sign of a developed nation. CM Bhagwant Mann has been taking many initiatives. Improving the condition of the roads in the state is necessary.
Lakshit Jindal
Implement traffic laws strictly
It is admirable that the Punjab and Haryana High Court recently emphasised the importance of the right to road as a vital aspect of the right to life. However, this is currently only confined to the books and not implemented properly. Although every detail is explained in the Motor Vehicles Act, 1988, Central Motor Vehicles Rules 1989, and Motor Vehicles (Driving) Rules, 2017, the general public cannot follow them if our traffic police are not well-versed in them. No actions have been taken so far against the local Municipal Corporation for not painting zebra lines where necessary on the roads, and where they are present, they often meet dead-end road dividers, leaving no space to cross over. Additionally, it is unsure how many traffic police personnel are aware of the priority list of road users, where pedestrians have more importance than public or private vehicles. It is disheartening that the legislative’s role is limited to enacting traffic laws or issuing occasional media advertisements, with little implementation on the ground. How many parts of the city’s roads and footpaths are encroachment-free? These areas are intended for vehicles and pedestrians to travel safely. Lastly, the lawmakers are already aware of all the traffic rules and regulations; it is the question of their implementation that needs to be addressed. People do not need to suggest what needs to be done regarding road safety if the laws are enforced properly. In conclusion, it is necessary to implement the traffic laws strictly to ensure the safety of all road users.
Naresh Johar
Get encroachments off our roads
The recent clarification by the Punjab and Haryana High Court that the right to a road is an essential part of the right to life has come at an appropriate time. The significance of having the right to a road cannot be stressed enough, as without it, one cannot step outside their homes. This ruling is especially relevant for gram panchayats, where every homestead must have reasonable access recorded in land records, including solitary residences. While there are laws addressing these issues, municipal authorities need to take more steps to invoke the provisions of this law to remove encroachments from road space. Long ramps of different heights and lengths, located on each side of city streets, take up almost half of the road meant for traffic movement. Some property owners treat the front road space as an extension of their own land and encroach upon it for their business purposes, installing collapsible steel grills that become permanent encroachments on road space and footpaths. For instance, in Amritsar, sand, brick, and heavy moulded block businesses are carried out on the road itself. During the ongoing road safety week, the state government must urge property owners and religious organisations not to dig holes in the road space for temporary tentage for holding functions, as this often leads to the development of pits on newly paved roads. The administration must ensure not just the safety of road users but also the safety of the road itself. Authorities must invoke the law and take strict measures to remove encroachments from road space to protect citizens’ right to safe roads. Only by doing so can we ensure the safety and well-being of all road users.
Prof Mohan Singh
QUESTION
The Punjab State Electricity Regulatory Commission (PSERC) recently gave the green light to a power tariff hike of 25 paise to 89 paise per unit on all categories. The move has evoked sharp reactions from the industry in particular. Industrialists have sought the withdrawal of the decision so that they can survive in this era of cut-throat competition. Is their demand justified?
Suggestions in not more than 200 words can be sent to amritsardesk@tribunemail.com by Thursday (May 25).
