Footpaths as a Constitutional Right

PWOnlyIAS

May 16, 2025

Footpaths as a Constitutional Right

Recently, the Supreme Court directed all states and UTs to frame clear guidelines ensuring proper and accessible footpaths for all pedestrians.

Constitutional Protection for Pedestrian Rights

Footpaths Linked to Article 21

  • The Supreme Court recognised the right to safe and accessible footpaths as part of the Right to Life under Article 21 of the Constitution.

Constitutional Right Legal Right
Derived directly from the Constitution (especially Part III) Granted by ordinary laws passed by the legislature
Enforceable under Article 32( SC)or 226 (High Courts) Enforceable in ordinary courts, not necessarily via writs
Right to Equality (Art. 14)

Right to Freedom (Art. 19)

Right to vote (under Representation of People Act), RTI Act

  • Walking on unobstructed footpaths is considered essential for a dignified life, especially in urban areas.
  • Pedestrian Safety is a Fundamental Concern: The court noted that absence of footpaths pushes pedestrians on roads, significantly increasing the risk of traffic accidents and injuries.

Directions Issued by the Supreme Court

  • Guidelines for Footpaths: All state and union territory governments must frame pedestrian-friendly footpath guidelines to ensure public safety and urban accessibility.
  • Accessible to All: Footpaths must be inclusive and barrier-free, especially for persons with disabilities, to align with constitutional equality and accessibility obligations.
  • Removal Of Encroachment: The court stressed that encroachments and obstructions on footpaths must be cleared, as they violate citizens’ right to safe passage.
  • Central Government Role: The Supreme Court directed the Central Government to submit its guidelines on pedestrian rights and footpath standards within two months.

Significance of the Ruling

  • Footpaths as Public Infrastructure: The judgment reaffirms that footpaths are not optional amenities but essential infrastructure that must be designed, maintained, and protected.
  • Inclusive Urban Planning: This directive promotes inclusive, pedestrian-centric urban development, ensuring cities are livable and safe for all, especially vulnerable groups

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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