Kerala High Court’s Stern Stand on Pedestrian Safety: “Right of First Access” Must Be Enforced

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Kerala High Court’s Stern Stand on Pedestrian Safety: “Right of First Access” Must Be Enforced

The Kerala High Court has sounded a powerful alarm on pedestrian safety, issuing strong directions after reports revealed that 218 pedestrians lost their lives on zebra crossings in the state between January and October 2025. Justice Devan Ramachandran, visibly disturbed by the figures, described the situation as “extremely shocking and egregiously distressing.”

Court’s Observations

  • Pedestrians, especially senior citizens, are disproportionately affected, with nearly 50% of accidents involving them.
  • Poor footpaths, reckless driving, and jaywalking were identified as systemic issues.
  • The Court stressed that pedestrians have the “right of first access” on zebra crossings, a principle that must be ingrained in driver education and enforcement.

Directions Issued by the Court

  • No vehicle parking on zebra crossings  even momentarily. Violators must face strict penalties.
  • Warning signs to be installed at least two meters before every crossing, in line with Indian Road Congress standards.
  • Driving license tests must include education on pedestrian right-of-way. Violations should attract the highest penalties, including license cancellation.
  • Public communication campaigns to spread awareness immediately.
  • Enforcement drive to be intensified in cities, municipalities, and high-density areas.

Government’s Response

  • Transport Commissioner Nagaraju highlighted new driving protocols and pilot projects like pelican signals and table-top zebra crossings (already tested in Kozhikode).
  • Inspector General Kaliraj Mahesh Kumar acknowledged data discrepancies but admitted the gravity of the issue.
  • PWD Secretary K. Biju assured prioritization of infrastructure and budget allocations.

Court’s Message

The Bench made it clear that waiting for long-term infrastructure upgrades is not acceptable. Immediate action is necessary because, as the Court poignantly observed:

“The urgency is unmistakable because accidents are waiting to happen in the next moment itself.”

The matter has been adjourned to December 10, 2025, by which time authorities must report on the steps taken. Concluding its order, the Court reaffirmed:

“The life of every pedestrian is precious and invaluable and no ill shall follow them, merely because they choose to use public spaces in exercise of their fundamental right.”


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