The Supreme Court of India has ordered all states and Union Territories to submit formal responses detailing their implementation of central advisories aimed at creating clearly demarcated, encroachment-free pedestrian walkways along all public roads.
A bench comprising Justices PS Narasimha and Alok Aradhe expanded the scope of ongoing suo motu proceedings by impleading all state governments and Union Territories as parties to the case. Speaking during Monday’s hearing, the bench noted that accessible footpaths are essential to human life and instructed authorities to ensure that pedestrians have dedicated, safe walking spaces wherever roads exist.
Representing the central government, Additional Solicitor General KM Nataraj informed the court that although road management falls primarily under state jurisdiction, two central ministries—the Ministry of Road Transport and Highways and the Ministry of Housing and Urban Affairs—have issued detailed advisories. These guidelines were distributed to states, Union Territories, and the National Highways Authority of India to enforce compliance with judicial orders regarding pedestrian infrastructure.
Directives for Encroachment-Free Walking Zones
The court’s latest order builds on instructions issued on August 3, when the apex court directed central authorities to mandate proper demarcation of pedestrian paths across the national road network. In that directive, the court required authorities to ensure walking areas are physically separated from motorized traffic lanes and kept free of unauthorized obstacles, allowing citizens to navigate streets without safety risks from moving vehicles.
Legal Foundation and Constitutional Rights
The ongoing legal proceedings follow a landmark Supreme Court verdict delivered on June 19, which established that the right to walk on a designated footpath is a fundamental constitutional right. Grounding the decision in Article 21, which guarantees the right to life and liberty, alongside Article 19(1)(d) and related provisions under Part III of the Constitution of India, the court ruled that pedestrian rights on designated paths take precedence over motorized vehicle traffic.
Origin of the Ruling and Local Body Obligations
The landmark declaration arose from an appeal involving a motor accident compensation claim after a father lost his five-year-old son while walking the child to school.
Following that case, the Supreme Court instructed its registry to formally record the matter under the title Re: Fundamental Right to Walk and Footpath, impleading the Ministry of Housing and Urban Affairs, the Ministry of Road Transport and Highways, and the Ministry of Rural Development.
In its ruling, the court held that local governing bodies—including municipal corporations, urban development entities, municipalities, and village panchayats—hold an affirmative duty to build, maintain, and safeguard pedestrian walkways. The judgment also specified that citizens whose right to safe footpaths is violated may pursue constitutional and legal remedies against responsible authorities for compensation and restitution, independent of provisions under the Motor Vehicles Act, 1988.
