SC seeks response from States, UTs on footpaths
The existence of footpaths is an integral part of human life, the Supreme Court said on Monday while 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 impleaded all the states and Union Territories as parties in the 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 ASG brought to the notice of the bench 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 the states and Union Territories, besides the National Highways Authority of India for creation of proper demarcated space for pedestrians, in compliance of the directions of the court.
The bench asked the states and UTs to reply to these advisories issued by the ministries, saying, “the existence of footpaths is an integral part of human life”.
On August 3, the bench directed the Centre to ensure that every road had a properly demarcated space for pedestrians.
It had 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.
The apex court had emphasised that pedestrians should have confidence that the space is meant for them and they can walk freely without any threat of moving vehicles.
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 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 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.
