Every road must have protected pedestrian space, Supreme Court tells Centre

The Supreme Court directed the Centre to ensure every road has a properly demarcated, encroachment-free pedestrian space, reiterating that the right to walk on footpaths is a fundamental right and asking authorities to protect dedicated walking areas within two weeks

New Delhi: 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.

“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.

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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. 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.

“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.

“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.