Right to walk safely: SC orders Centre to ensure pedestrian walkways, reaffirms it as fundamental right
The Supreme Court has issued a comprehensive directive reinforcing the right to walk safely as a fundamental constitutional guarantee. In a significant order
Supreme Court’s Landmark Directive on Pedestrian Rights
Theindiapostdaily.com – The Supreme Court has issued a comprehensive directive reinforcing the right to walk safely as a fundamental constitutional guarantee. In a significant order on Monday, the apex court instructed the central government to ensure that all roadways feature properly demarcated and encroachment-free pedestrian zones. According to PTI, a bench comprising Justices PS Narasimha and Alok Aradhe directed Additional Solicitor General KM Nararaj to instruct all road development authorities to protect walking spaces from encroachment and maintain clear separation from motor vehicle lanes.
The court emphasized that this fundamental right does not require massive infrastructure investments. “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 and ensure it is not encroached,” the bench observed. The court granted the government two weeks to issue necessary instructions to relevant authorities, highlighting that pedestrians must have confidence that designated spaces are truly meant for walking.
Historical Context and Constitutional Basis
This directive builds upon the Supreme Court’s landmark verdict delivered on 19 June, which formally recognized the right to walk safely on demarcated sidewalks as a fundamental right. The court held that this right takes precedence over motorised vehicles on designated paths and forms an integral part of the right to movement guaranteed under Article 21 of the Constitution, which protects the right to life and liberty.
The court passed these observations while deliberating on a motor accident claim case. The top court pronounced that the judgment arises from a tragic incident where a tanker struck a five-year-old child who was walking to school with his father. Speaking on the case, the bench added that the fundamental right to walk on demarcated footpaths carries a correlative duty upon authorities.
Legal Framework and Citizen Remedies
The court clarified that if a road exists, there is a corresponding duty to ensure demarcated and well-maintained footpaths for walkers. The duty bearers include 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, this duty extends to all levels of local governance.
The Supreme Court also stressed the importance of establishing a dedicated regulatory body on this subject. The court clarified that violations of the right to walk safely on demarcated footpaths will entitle citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation. Importantly, this remedy operates independently of the remedies available under the Motor Vehicles Act, 1998, providing citizens with multiple avenues for justice.
Practical Implications for Urban Planning
This judgment has far-reaching implications for urban planning across India. Municipal authorities must now prioritize pedestrian infrastructure in their development plans. The court’s directive suggests that even simple measures like rope demarcation can be effective in protecting walking spaces. Urban development authorities are expected to conduct regular inspections to ensure that footpaths remain free from encroachments by vendors, vehicles, or other obstacles.
The ruling also establishes a precedent for future cases involving pedestrian accidents. Citizens injured due to inadequate footpath infrastructure can now seek compensation under constitutional remedies, not just under motor vehicle laws. This dual protection mechanism strengthens the legal position of pedestrians in urban environments.
Frequently Asked Questions
What is the right to walk safely? The right to walk safely is a fundamental constitutional right recognized by the Supreme Court, guaranteeing that pedestrians have access to demarcated, encroachment-free footpaths on all roads.
Which constitutional article protects this right? The right to walk safely falls under Article 21 of the Indian Constitution, which guarantees the right to life and liberty, including the right to movement.
Who are the duty bearers for maintaining footpaths? Urban development authorities, municipal corporations, municipalities, and panchayats are all responsible for demarcating, constructing, maintaining, and safeguarding footpaths.
What remedies are available if this right is violated? Citizens can invoke constitutional and legal remedies for restitution and compensation, independent of remedies available under the Motor Vehicles Act, 1998.
How much time did the court give the government to implement changes? The Supreme Court granted the central government two weeks to instruct relevant authorities to implement the required changes for pedestrian walkways.
