Kochi: The Kerala High Court has expressed profound grief and serious concern over the tragic death of 28-year-old Akshara, who was fatally struck by a private bus near Kakkanad. The court observed that the absence of essential footpaths on major state roads, coupled with negligent driving by public transport vehicles, poses a grave threat to human life. Justice Devan Ramachandran remarked that Akshara’s death starkly illustrates the severe failure of relevant authorities in ensuring pedestrian safety.
The High Court made these sharp observations while hearing a petition addressing the poor condition of state roads, widespread traffic violations, increasing road accidents, and the safety risks pedestrians face. Responding to a request from amicus curiae, the court reviewed footage of the accident that caused Akshara’s death. The court voiced deep concerns about the circumstances surrounding the incident and the general dangers faced by pedestrians.
The bus involved, alleged to have been speeding, hit Akshara. Examining the footage, the court explicitly noted that the young woman did not suddenly step onto the main road from an alleyway. Instead, she was walking on the road facing oncoming traffic, meaning drivers should have been able to see her clearly. The court emphasized that ensuring pedestrian safety in such scenarios is fundamentally the responsibility of vehicle operators.
The court stated that Akshara’s death cannot be viewed solely as a loss to her family but is a tragic loss to society as a whole. It remarked that it is deeply painful for a young woman to lose her life so early. Expressing condolences to her family, the court also noted that if the warnings and recommendations repeatedly issued regarding road safety had been taken seriously by the responsible agencies, such a catastrophe might have been averted.
The court expressed regret over the systemic failure to protect pedestrians and notably issued an apology for the inadequacy of safety provisions in Akshara’s case. It urged a shift away from the customary reactive approach that initiates action only after accidents occur and underscored the urgent need to establish effective preventive mechanisms.
The High Court reminded that it is the basic duty of the government, local bodies, and law enforcement agencies to provide safe pedestrian facilities. The court further highlighted that the absence of footpaths forces pedestrians to walk along vehicle lanes on busy main roads, significantly escalating the risk of accidents.
During the petition hearing, Kochi City Deputy Police Commissioner Arun K. Pavitra appeared online, accompanied in court by three Assistant Police Commissioners. The DCP informed the court that the police recognize the gravity of road safety issues and will enforce strict legal actions against speeding and negligent drivers.
To enhance supervision of public transport operators, including private bus employees, the police are implementing a QR code-based 'Smart I.D.' system. This system aims to monitor drivers’ and staff behaviour, identify violations, and ensure accountability. The police also assured the court that they are developing procedures to hold vehicle owners responsible for their employees’ unlawful acts.
The DCP acknowledged that many surveillance cameras installed to monitor traffic violations and control congestion in the city are presently non-functional. Steps are underway to reactivate these cameras promptly, with the expectation that improved traffic monitoring will enable a more effective crackdown on speeding and reckless driving.
Kochi Corporation’s Standing Counsel K. Anand, present before the court, confirmed the lack of footpaths on many main city roads. He also noted that even where footpaths exist, they are often obstructed by shops and other encroachments, preventing public use. This results in pedestrians frequently having to walk on busy roads.
The corporation assured the court of its commitment to work alongside the police to address these issues and improve pedestrian safety and footpath availability. Throughout the discussions, the importance of keeping existing footpaths free from obstructions and providing safe pedestrian infrastructure where necessary was strongly emphasized.
The High Court also recalled the Supreme Court’s recent pronouncements recognizing pedestrians’ right to use footpaths as a fundamental right. It underscored that the right to safe movement is not merely a transport facility but a constitutionally protected right and stressed the necessity of ensuring official accountability when this right is violated.
The Kerala High Court’s remarks send a powerful message that Akshara’s death cannot be dismissed as just another traffic accident. The lack of footpaths, encroachments on existing footpaths, negligent and speeding driving, inactive surveillance equipment, and enforcement failures collectively endanger pedestrians’ lives. This tragic event again highlights the urgent need to strengthen preventive safety systems instead of relying solely on post-accident responses.
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Original Malayalam report: Malayalam Daily News
