Right to walk: Supreme Court directs states, UTs to reply on footpath safety
The Supreme Court on Monday said that footpaths are integral to human life and directed all states and Union Territories to respond on the implementation of its directions for properly demarcated, encroachment-free pedestrian spaces.
A Bench of Justices P.S. Narasimha and Alok Aradhe impleaded all states and Union Territories as parties in the suo motu case concerning the need for demarcated footpaths wherever roads exist.
"The first step is proper demarcation of space for pedestrians. There should be confidence of safety in walking. Wherever there is a road, people should walk in the demarcated space," the Bench told Additional Solicitor General K.M. Nataraj, who appeared for the Centre.
The ASG informed the court that since roads are a state subject, the Ministry of Road Transport and Highways (MoRTH) and the Ministry of Housing and Urban Affairs (MoHUA) have issued advisories to all states and Union Territories, as well as the National Highways Authority of India, for creating properly demarcated pedestrian space in compliance with the court's directions. The Bench asked the states and UTs to reply to these advisories.
On August 3, the court had directed the Centre to ensure that every road has a properly demarcated space for pedestrians, separate from motor vehicle lanes, and that such space is not encroached upon. The apex court had emphasized that pedestrians should feel confident that the space is meant for them and that they can walk freely without any threat from moving vehicles.
The present proceedings stem from a significant judgment delivered on June 19, in which the Supreme Court held that the right to walk on a demarcated footpath is a fundamental right. The court ruled that this right takes precedence over movement by motorised vehicles on such paths and forms part of the right to movement under Article 19(1)(d) and other fundamental rights, including Article 21 (right to life and liberty).
The judgment came in a motor accident compensation case where a father lost his five-year-old son while taking him to school. The court observed that pedestrians should have priority over vehicles on demarcated paths.
"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," the court had ruled.
It further held that the right to walk on demarcated footpaths imposes a correlative duty on authorities. "If the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers." The duty bearers include urban development authorities, municipal corporations, municipalities, and panchayats, which must endeavour to demarcate, construct, maintain, and safeguard footpaths and other pedestrian infrastructure.
The court also clarified that violation of the right to walk on demarcated footpaths entitles citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation, independent of remedies available under the Motor Vehicles Act, 1988.
The apex court had registered the case under 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.
With Monday's direction, states and Union Territories are now required to file their responses on the advisories issued by the central ministries, bringing the issue of pedestrian safety and infrastructure to the forefront of urban planning and governance.
