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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