Supreme Court Reiterates Fundamental Right to Walk, Seeks Responses on Footpath Encroachment
NEW DELHI: The Supreme Court on Monday observed that the existence of footpaths is an integral part of human life, directing all states and Union Territories to respond on the implementation of its directions for properly demarcated, encroachment-free space for pedestrians. A bench of Justices PS Narasimha and Alok Aradhe made the observation while hearing a suo motu case on ensuring properly demarcated footpaths wherever there is a road.
"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 KM Nataraj, appearing for the Centre. The Court's emphasis on demarcation and safety underscores the need for pedestrian infrastructure that instills confidence in walkers.
Advisories by Ministries and the Centre's Stand
Additional Solicitor General KM Nataraj informed the bench that roads are a state subject, and the Ministry of Road, Transport and Highways (MoRTH) and the Ministry of Housing and Urban Affairs (MoHUA) have already issued advisories to all states and Union Territories, as well as the National Highways Authority of India, for the creation of proper demarcated pedestrian space in compliance with the Court's directions. The bench subsequently asked states and Union Territories to reply to these advisories, reiterating that "the existence of footpaths is an integral part of human life."
Earlier, on August 3, the bench had directed the Centre to ensure that every road had a properly demarcated space for pedestrians. It had also asked 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, emphasizing that pedestrians should have confidence that the space is meant for them and they can walk freely without any threat of moving vehicles.
The June 19 Verdict on the Fundamental Right to Walk
The Supreme Court's current directions stem from a significant verdict on June 19, in which the Court held that the right to walk on a demarcated footpath is a fundamental right. The Court declared that this right shall have priority over motorised vehicles on demarcated paths, forming 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 Court stated: "The right to walk is a fundamental right under Part III..." and held that it includes the right to demarcated footpaths, which are primary and have priority over motorised vehicles. The judgment came in a motor accident compensation case, which originated when a father lost his five-year-old son while taking him to school.
The Court further held that if a road exists, there is a duty to ensure demarcated and well-maintained footpaths for walkers. Duty bearers include urban development authorities, municipal corporations, municipalities, and villages of the panchayat, that must endeavor to demarcate, construct, maintain, and safeguard footpaths and other pedestrian infrastructure.
Remedies and Implications
In its June verdict, the Supreme Court also ruled 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 Court assigned the case 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.
Monday's direction to states and Union Territories to respond to the advisories underscores the Court's commitment to translate the right to walk into actionable infrastructure. The bench's observation that "wherever there is a road, people should walk in the demarcated space" signals the expectation for compliance across all regions.
As states and UTs prepare their response, the focus is expected to shift to implementation of demarcated, encroachment-free pedestrian spaces, ensuring the safety and confidence of citizens who choose to walk. The next step will depend on the states' replies, which will be crucial in determining the further progress of this significant constitutional development.