The Supreme Court ruled that the right to clear and safe footpaths is included in the fundamental right to life. It instructed all states and UTs to create guidelines ensuring pedestrian safety, especially for disabled individuals.
New Delhi: The Supreme Court emphasized on Wednesday that the right to use footpaths without obstruction is a fundamental aspect of the right to life guaranteed under Article 21 of the Constitution.
A Bench of Justices Abhay S Oka and Ujjal Bhuyan instructed all states and union territories (UTs) to develop guidelines to ensure pedestrian safety, particularly for individuals with disabilities, within the next two months.
The Court was addressing a petition related to road safety issues. Highlighting the urgency of footpath safety, Advocate Kishan Chand Jain, an intervenor, pointed out that 19.5% of all road accident fatalities involve pedestrians.
During the proceedings, Amicus Curiae Gaurav Agarwal informed the Court that road-owning agencies, including the National Highways Authority of India (NHAI), state governments, and municipal authorities, are responsible for creating pedestrian-friendly infrastructure.
He noted that the Indian Roads Congress (IRC) has issued comprehensive guidelines, complete with diagrammatic representations, outlining the ideal road infrastructure for pedestrians, including those with disabilities.
He also mentioned that the Union Ministry of Urban Affairs has provided harmonized guidelines for pedestrian infrastructure.
Recognizing the critical need for safe pedestrian pathways, the Court stated that footpaths should be designed to accommodate all users, including individuals with disabilities, and must remain free from encroachments.
Referring to the landmark Olga Tellis v. Bombay Municipal Corporation judgment, which first acknowledged the right of pedestrians to unobstructed footpaths as a fundamental right under Article 21, the Court remarked,
“Since Olga Tellis v. Union of India, this Court has recognised that the right of pedestrians to use footpaths is guaranteed under Article 21 of the Constitution. The right to have footpaths that are unobstructed is certainly an essential part of Article 21. If there are no proper footpaths, pedestrians will be forced to walk on roads, exposing them to significant danger and contributing to a substantial number of accidents.”
The Court also acknowledged the standards set by the IRC and other regulatory bodies, directing all states and UTs to frame guidelines in accordance with these standards and setting a two-month deadline for compliance.
Furthermore, the Court instructed the Union of India to submit its own policies and guidelines for pedestrian safety within the same timeframe.
In addition, the Court addressed the slow progress in establishing a National Road Safety Board, allowing the Union government six months to form the body and emphasizing that no further extensions would be permitted.
The matter is scheduled for further hearing on August 1.
Case Title: S Rajaseekaran v. Union of India & Ors