Can national highway be blocked in India?

Can national highway be blocked in India?

The Supreme Court on Thursday said public roads and highways cannot be “perpetually” blocked, taking a dim view of the Union and state governments’ inability to resolve the protracted problem of farmers blocking highways as part of their ongoing protests against the three contentious farm laws.

What is the penalty for blocking a road?

Wilful Obstruction: Section 137 Highways Act 1980 If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway, may be guilty of an offence and liable to a Fixed Penalty of £100 or a maximum penalty of £1000 if convicted at Court.

How can highways be blocked perpetually asks SC says executive’s duty to implement law?

The court cannot implement it. It is the executive who has to implement it”. Solicitor General Tushar Mehta said that it is the duty of the executive to implement it. The bench said, “When we lay down the law, you will say it is encroachment and we trespassed into the domain of the executive.

Is it legal to block a road?

It is illegal to obstruct the road. If somebody unlawfully assumes ownership of areas of a road, they are breaking the law. If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a road, they are also guilty of an offence.

Is obstruction an arrestable offence?

Obstruction of a Police Officer. The threat to arrest for obstruction is widely used by the police at demonstrations. Under the Police Act 1996 s89 it is an offence to assault, resist or wilfully obstruct a constable in the execution of his/her duty.

What does obstruction mean in driving?

As mentioned above, a traffic obstruction is when a vehicle is moving too slowly, stopped, or parked on a road where cars and trucks are meant to drive freely. You could be stopped in your lane because your car broke down, or stopped in the middle of an intersection because you didn’t make a turning light on time.

Is blocking a footpath illegal?

It is an offence to obstruct a pavement, contrary to Regulation 103 of The Road Vehicles (Construction and Use) Regulations 1986. Rule 145 of the Highway Code states You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

What is a highway obstruction?

‘Obstruction’ includes anything that prevents passing and re-passing along the highway. To be committing this offence, you don’t have to be blocking the whole width of the highway. This is because the offence is obstructing the highway itself (and not other users of the highway).

What is a road obstruction?

What is the penalty for obstructing a highway?

If you need a criminal solicitor recommended by other activists, see netpol.org/criminal-solicitors Section 137 of the Highways Act 1980 says that “if a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence”. The penalty for this offence is a fine and not imprisonment.

What is the punishment for violation of rules of road regulation?

Violation of these “Rules of Road Regulation” is a punishable transgression as per the city specific traffic police rules and the “Motor Vehicle Act”. Enforcement of these traffic laws – rules, regulations and acts can bear out the road accidents.

Why did farmers block roads in India last year?

On November 5, last year, more than 200 farmers’ unions from across 22 states announced a nationwide road blockade in protest against the three farm laws that the Modi government had introduced.

What constitutes an occupation of a highway?

Any occupation of a road is potentially an obstruction and a series of court cases have established a highway can include the grass verge at the side of a road, a footpath, an industrial estate, the pavement outside Parliament and, since the Occupy protests of 2012, parts of the churchyard at St Paul’s Cathedral.