In a landmark move to enhance pedestrian safety and uphold fundamental rights, the Supreme Court has mandated the Centre to ensure all roads across India provide clearly demarcated and encroachment-free spaces for walkers.
IMAGE: Pedestrians walking on a footpath. Photograph: Danish Siddiqui/Reuters
Key Points
- The Supreme Court has directed the Centre to ensure all roads have properly demarcated and encroachment-free spaces for pedestrians.
- The court emphasised that pedestrian spaces should be clearly separated from motor vehicle lanes, even if it requires simple demarcation like ropes.
- This directive follows a significant June 19 verdict where the top court declared the right to walk on a demarcated footpath as a fundamental right.
- The right to walk is integral to the right to movement (Article 19(1)(d)) and other fundamental rights, including the right to life and liberty (Article 21).
- Urban development authorities, municipal corporations, municipalities, and panchayats are identified as duty bearers responsible for maintaining and safeguarding pedestrian infrastructure.
The Supreme Court on Monday directed the Centre to ensure that every road had a properly demarcated, encroachment-free space for pedestrians.
A bench of Justices P S Narasimha and Alok Aradhe asked Additional Solicitor General K M Nararaj, appearing for the Centre, to instruct the authorities concerned to make sure that the space meant for walking is not encroached upon and is properly separated from motor vehicle lanes.
Ensuring Pedestrian Confidence
“Without any big investment and construction, just ensure that proper demarcation is done of walkers’ space. Wherever there is a road, there should be a walkers’ space. Do it with a rope or anything and ensure it is not encroached,” the bench told Nataraj.
It gave the ASG two weeks to instruct the authorities while emphasising that pedestrians should have confidence that the space is meant for them and they can walk freely without any threat of moving vehicles.
The top court posted the matter for further hearing after two weeks.
Fundamental Right to Walk
On June 19, in a significant verdict, the top court had held that the right to walk on a demarcated footpath is a fundamental right.
It had held that this right shall have priority over motorised vehicles on demarcated paths and it forms part of the right to movement guaranteed under Article 19 (1) (d) and other fundamental rights including Article 21 (right to life and liberty).
The top court had said that a citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles.
The declaration by the top court came in an unfortunate motor accident compensation case where a father lost his five-year-old son while taking him to school.
Constitutional Safeguards and Duty Bearers
“The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1) (b), Article 19(1) (c) and Article 21 of the Constitution of India. The fundamental right to walk will take within its sweep the right to demarcated footpaths. These rights are primary and shall have priority over movement by motorised vehicles,” it had ruled.
It held that the fundamental right to walk on demarcated footpaths has a correlative duty and “If the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers”.
The apex court said the duty bearers are the urban development authorities, municipal corporations, municipalities and even panchayats, who must endeavour to demarcate, construct, maintain, and safeguard footpaths and other necessary pedestrian infrastructure, as walking is integral to life.
Remedies for Violations
“The violation of the right to walk on demarcated footpaths will entitle the citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation. This remedy is independent of the remedies that are available under the Motor Vehicles Act, 1988,” it had said.
It directed the registry to register the case with the title “Re: Fundamental Right to Walk and Footpath” and impleaded the Centre through the ministries of housing and urban affairs, rural development and road transport and highways, as parties and sought the ASG’s assistance in the matter.
