Pedestrian Safety Declared Constitutional Right
New Delhi: In a landmark judgment, the Supreme Court on Wednesday declared pedestrian safety as a matter of “utmost importance” while recognizing that the right to unobstructed footpaths is guaranteed under Article 21 of the Constitution. The bench consisting of Justices Abhay S Oka and Ujjal Bhuyan highlighted how the absence of proper footpaths poses serious dangers to citizens, frequently resulting in preventable accidents.
“When pedestrians are forced to walk on roads, they face significant vulnerability to accidents,” the bench observed. The Court emphasized that this fundamental right requires immediate protection through comprehensive guidelines across all states and union territories.
Proper Infrastructure Requirements
The Supreme Court outlined several critical requirements for footpath infrastructure throughout India:
- All public roads must include dedicated footpath facilities
- Footpaths must remain unobstructed and properly maintained
- Special emphasis must be placed on accessibility for persons with disabilities
- Mandatory removal of encroachments is essential
- States must develop specific policies ensuring pedestrian-friendly infrastructure
“It is necessary to have proper footpaths for citizens. They should be accessible for persons with disabilities, and removal of encroachments is mandatory,” the bench stated, establishing these requirements as non-negotiable standards.
Constitutional Protection Under Article 21
The Court’s recognition of pedestrian rights under Article 21 significantly elevates the legal protection for walkways. This constitutional guarantee means local authorities and state governments must prioritize pedestrian infrastructure in urban planning and development.
“According to us, the safety of pedestrians is of utmost importance, and the right to have footpaths which are unobstructed is certainly an essential characteristic,” the justices emphasized. This constitutional backing provides stronger legal grounds for citizens to demand proper walking infrastructure.
Directive to Central and State Governments
The Supreme Court has issued clear directives to both central and state governments:
- All states and union territories must frame guidelines ensuring proper footpaths
- The Centre must place on record its policies and guidelines for protecting pedestrian rights
- Each state must evolve its own comprehensive policies for pedestrian infrastructure
- The Centre has six months to constitute a National Road Safety Board
- A compliance report must be filed by the central government
The Court scheduled further hearings on this matter for August 1, 2025, but clarified that no extensions would be granted for the constitution of the National Road Safety Board.
Impact on Urban Infrastructure
This ruling has far-reaching implications for urban development across India. Local bodies will now need to reassess existing infrastructure and make necessary modifications to comply with the Court’s directives. The judgment addresses a critical gap in public infrastructure planning that has historically prioritized vehicular movement over pedestrian safety.
Urban planners and municipal authorities will need to develop comprehensive strategies for:
- Creating new footpaths where none exist
- Upgrading existing footpaths to meet accessibility standards
- Implementing regular maintenance protocols
- Enforcing encroachment prevention measures
- Ensuring connectivity between pedestrian pathways
Conclusion
The Supreme Court’s emphasis on pedestrian safety represents a significant shift in infrastructure priorities. By recognizing the right to proper footpaths as fundamental under Article 21, the Court has established a legal framework that prioritizes the safety and accessibility needs of pedestrians, including those with disabilities.
As states and union territories work to develop and implement these guidelines, citizens can expect to see gradual improvements in walking infrastructure. This judgment stands as a powerful reminder that road safety encompasses not just vehicular considerations but equally important pedestrian protections.
The six-month deadline for establishing the National Road Safety Board further underscores the urgency with which the Court views these infrastructure improvements, setting a clear timeline for initial compliance measures that will shape India’s urban landscape for years to come.
