Institute of Legal and Management Studies

Pursuant to the May 14 order, the Supreme Court has granted "one last chance" to the Union Government and the State Government to frame rules for protecting the rights of pedestrians, including making footpaths accessible to people with disabilities.

In May, a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan had held that the right to use footpaths and footways is an essential facet of the right to life under Article 21 of the Indian Constitution.

Today, before a bench comprising Justice JB Pardiwala and Justice R Mahadevan, Senior Advocate and amicus Gaurav Aggarwal informed the Court that they are awaiting the guidelines to be framed by the Union pursuant to the May order. He informed that in this matter, the Supreme Court had set up a committee headed by former judge, Justice Sapre, to monitor the implementation of various orders pertaining to road safety. He said, "Once these guidelines are laid down, the committee can start implementing and monitoring those guidelines,. especially for pedestrian safety...It's really important because on Highways, large number of pedestrian deaths are taking place. 10,000 deaths have taken place..."

After taking into consideration this argument and also the statement of Additional Solicitor General Vikramjit Banerjee that the Union will frame guidelines, the Court observed: "Heard Mr Gaurav Agarwal, learned amicus, Mr Vikramjit Banerjee, learned counsel appearing for the Union of India and Mr Kishan Jain, learned counsel who had preferred two interim application in the main matter. This litigation has something to do with the safety of pedestrians.

By way of two interim applications, it has been pointed out that it is necessary to have proper foothpaths for the use of citizens. Two, footpaths should be such that the same are accessible and usable for persons with disability. Three, removal of encroachments on the foothpaths are mandatory.

We take notice of various orders passed by different benches from time to time. Today, when the matter was taken up, we inquired with learned amicus, Mr Agarwal, with regards to progress in the matter. The learned amicus pointed out that the Union of India has to frame guidelines in so far as the three main issues referred to in the are concerned. He further pointed out even State Government needs to frame guidelines or if they deem fit, adopt the guidelines which the Union of India frames.

We grant four weeks time to frame the necessary guidelines and place before this Court. If the Union is unable to frame the guidelines in the next date of hearing, this Court with the help and assistance with the amicus will proceed to do the needful."

Case Details: S.RAJASEEKARAN Vs UNION OF INDIA AND ORS|W.P.(C) No. 295/2012