Supreme Court Directs States and Union Territories to Respond on Encroachment-Free Footpaths
The Supreme Court has directed all states and Union Territories to submit responses on how they are implementing court directions to establish properly demarcated, encroachment-free spaces for pedestrians, observing that footpaths are an integral part of human life.
What Happened
A Supreme Court Bench comprising Justices P.S. Narasimha and Alok Aradhe impleaded all states and Union Territories as parties in a suo motu case titled ‘Re: Fundamental Right to Walk and Footpath’. The bench noted that pedestrian safety requires clear demarcation of walking spaces wherever roads exist so that people can walk with confidence.
Additional Solicitor General K.M. Nataraj informed the court that because roads are a state subject, the Ministry of Road Transport and Highways alongside the Ministry of Housing and Urban Affairs had circulated advisories to all states, Union Territories, and the National Highways Authority of India. The bench has now called upon the states and Union Territories to formally reply to these advisories.
Key Highlights
- The Supreme Court reiterated that walking spaces alongside roads must be demarcated and kept free from motor vehicle traffic and encroachments.
- In an earlier verdict on June 19 arising from an accident case involving the death of a five-year-old child, the court held that the right to walk on a demarcated footpath is a fundamental right under Part III of the Constitution, linked to Article 19(1)(d) and Article 21.
- The court previously ruled that pedestrian rights on demarcated paths take priority over motorised vehicles.
- Local governance bodies—including urban development authorities, municipal corporations, municipalities, and panchayats—are designated as duty bearers responsible for constructing and maintaining footpaths.
- Breaches of this right permit citizens to seek restitution and compensation against duty bearers through constitutional and legal remedies, separate from the Motor Vehicles Act, 1988.
Why This Matters
The proceedings place direct legal accountability on local and state administration bodies to safeguard pedestrian spaces. By confirming that the fundamental right to walk requires corresponding demarcated infrastructure, the court establishes that municipal and panchayat authorities bear a constitutional duty to prevent footpaths from being encroached upon or subsumed by vehicular traffic.
What to Watch Next
States and Union Territories are required to submit their responses detailing the steps taken to comply with the ministerial advisories and court directives on pedestrian infrastructure and encroachment removal.
Frequently Asked Questions
Under which constitutional provisions is the right to walk recognised?
The Supreme Court recognized the right to walk on a demarcated footpath as part of the fundamental right to movement under Article 19(1)(d), read alongside Articles 19(1)(a), 19(1)(b), 19(1)(c), and the right to life and liberty under Article 21.
Who is legally responsible for maintaining footpaths?
According to the apex court, the duty bearers include urban development authorities, municipal corporations, municipalities, and panchayats, which are responsible for demarcating, constructing, maintaining, and safeguarding pedestrian footpaths.
Can citizens seek compensation if pedestrian rights are violated?
Yes. The Supreme Court stated that a violation of the right to walk on demarcated footpaths entitles citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation, independent of remedies under the Motor Vehicles Act, 1988.
Source: Based on reporting from The Hindu.