Introduction:

In a landmark judgment that underscores the importance of pedestrian safety, the Supreme Court of India has held that the right to use footpaths and footways is an integral part of the fundamental right to life under Article 21 of the Constitution. The case was brought before the Court through an application highlighting the critical issue of inadequate and obstructed footpaths across the country, endangering the lives of pedestrians. The bench, comprising Justice AS Oka and Justice Ujjal Bhuyan, emphasised ensuring safe, accessible, and well-maintained footpaths to protect pedestrians’ rights, especially those with disabilities.

Arguments of Both Sides:

The petitioner in the case argued that the lack of proper footpaths and the encroachment of existing ones by unauthorised structures were serious threats to public safety. It was contended that pedestrians, particularly those with disabilities, face great difficulty navigating public roads without adequate infrastructure. The petition highlighted numerous incidents of accidents where pedestrians, forced to walk on the roads, were vulnerable to injuries or even fatalities.

On the other hand, the respondents—representatives from the Union and State Governments—acknowledged the concern but cited logistical and financial challenges in constructing and maintaining footpaths nationwide. They argued that while the right to life is paramount, the implementation of such infrastructure projects requires careful planning, resources, and coordination across different levels of government. The Union also pointed out the existing guidelines and policies for road safety and pedestrian welfare, claiming they were being gradually implemented.

Court’s Judgement:

In its judgment, the Supreme Court took a decisive stand on the matter, affirming that the right to pedestrian safety, including the right to unobstructed and accessible footpaths, is a vital component of the right to life under Article 21. The Court recognised that the absence of proper footpaths forces pedestrians, including those with disabilities, to walk on roads, exposing them to significant risks, including accidents. This, the Court noted, violated their basic right to safety and dignity.

Justice Oka and Justice Bhuyan emphasised that all public roads must have designated footways or footpaths that are easily usable by pedestrians, including persons with disabilities. The Court directed all states and Union Territories to frame comprehensive guidelines to ensure the availability and maintenance of proper footpaths and footways across the country. These guidelines were to include provisions for the removal of encroachments from footpaths, ensuring accessibility for the disabled, and regular maintenance to prevent deterioration.

The Court also referred to earlier directions issued by the Bombay High Court in High Court on its motion v. State of Maharashtra (2018) and DS Ramchandra Reddy v. Commissioner of Police, where similar concerns about pedestrian safety were addressed. The Supreme Court directed that these guidelines be adopted as a model for all states and Union Territories.

The Union of India was asked to file a report within two months detailing the policy or guidelines it has issued to safeguard pedestrian rights. States and Union Territories were also directed to submit compliance reports within the same timeframe. The Court emphasised that these measures are essential for upholding the right to life and ensuring the safety of pedestrians, who form a crucial part of the public.