Right to the safe and healthy public road: Is it part of right to life enshrined in the Indian Constitution? ( First Edition)

gray asphalt road surrounded by tall trees

Kaustav Ghosh

Abstract:- Healthy people is healthy society which is the reason of a nation becoming healthy and great to live in. Similarly healthy public road is the symbol of nation’s glorious journey towards fulfilling the dreams sown by constitution framers. Public road includes road, bridges, state and national highways, over- bridges etc.  Good and healthy public road attracts investment and the main reason of increasing healthy growth rate of commerce. We all know if commerce and business expand its wing then it will increase more job opportunities. Healthy road not only helps to save time but also increases productivity of all sectors. I have visited remote areas of several parts in India and witnessed how poor conditions of road effects the public like forced to coming late in the office, schools, college. Poor condition of road also has an impact on speedy and timely treatment of patients which may cost their death. Every civilised and developed countries has great road. Healthy public road is a basic human right inherited from the dawn of our civilisation. Right to health and healthy environment is already declared as a part of right to life enshrined in Article 21 of our Constitution, but whether right to healthy public road is part of right to life? This research will try to find out that and analyse the position of Legislature, Executive and Judiciary regarding this important issue which touches every sphere of life. This research will surely try to bring out the best possible solutions to ensure this right.

Introduction:-Right to life enshrined in Article 21 of the Indian Constitution. Article 21 says:-“No person shall be deprived of his life or personal liberty except according to the procedure established by law”. Right to life is a very precious right which has been repeatedly interpreted broadly till now by Supreme Court of India and High Court of every state in India. The title of this article puts a question into air that whether right to safe and healthy public road is the part of right to life guaranteed under our Constitution? If yes then what is the position of law, government policies, enactment enacted by legislature of India; If yes then how effectively it has been implemented by Executives and upheld by Indian Judiciary? If this is not the case then the question lies why it is not or it should not be part of right to life? All of these questions need to be addressed. Public roads are part and parcel of your daily life. If the public roads become unhealthy and poor then public life will be stuck into the cloud of uncertainty. Every human has right to protect his life which is natural, inalienable and basic human rights. That’s why to protect our life not only our human body needs to be maintained well but also the public road because it directly touches the every field of human’s life and we all know poor and unhealthy road causes accident of human and animals. So let’s find out what can be done which till now had not been done.

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