Institute of Legal and Management Studies

In a significant order affirming the constitutional rights of pedestrians, the Supreme Court has held that the right to use footpaths and footways is an essential facet of the right to life under Article 21 of the Constitution of India. The Court was hearing an application raising the issue of pedestrian safety, with a specific emphasis on the lack of proper footpaths and their encroachments.

"Right to have unobstructed and disabled friendly footpaths is guaranteed under Article 21," the Court said, directing all states and Union Territories to frame guidelines to ensure that proper footpaths are available to pedestrians.

Recognising the seriousness of the issue, the Court observed that in the absence of proper footpaths, pedestrians are forced to walk on roads, exposing them to grave risks and causing numerous accidents. The Bench held that the safety of pedestrians is of utmost importance, and that footpaths must be constructed and maintained in a manner that ensures accessibility for persons with disabilities.

A bench comprising Justice AS Oka and Justice Ujjal Bhuyan issued the following directions :

Footpaths must be accessible and usable by persons with disabilities.

Removal of encroachments from footpaths is mandatory.

All public roads must have proper footways or footpaths that are user-friendly for persons with disabilities.

States and Union Territories must evolve policies to ensure the availability and maintenance of footpaths and footways.

The Court noted that detailed directions on this issue have already been issued by the Bombay High Court in High Court on its own motion v. State of Maharashtra, 2018 SCC OnLine Bom 221, and in DS Ramchandra Reddy v. Commissioner of Police. These directions, the Supreme Court said, should serve as a model for all states.

Taking note of standards laid down by the Indian Roads Congress and other authorities, the Court directed:

All State Governments and Union Territories shall frame guidelines in line with the High Court directions and file compliance reports within two months.

The Union of India shall also place on record the policy/guidelines issued for protecting the rights of pedestrians within two months.

The matter will be listed for further hearing on 1st August.