Supreme Court Rules Walking on Footpaths is a Fundamental Right Under Article 21
The Supreme Court of India ruled that the right of pedestrians to walk on footpaths and roadsides is a fundamental right under Article 21 of the Constitution, directing municipal authorities to clear encroachments and ensure safe walking spaces.
Key Facts
- Constitutional Basis: Article 21 (Right to Life and Personal Liberty)
- Target: State governments and municipal corporations
- Core Directive: Maintain obstruction-free footpaths for pedestrian safety
- Statutory Call: Suggested national legislation for pedestrian protection
Pedestrian Safety Linked to Right to Life
The Supreme Court of India has delivered a landmark judgment expanding the scope of Article 21 of the Constitution (Right to Life and Personal Liberty). The apex court ruled that the right of pedestrians to walk safely on footpaths and roadsides is an essential component of the right to life. The division bench emphasized that municipal authorities have a constitutional obligation to maintain clean, unobstructed footpaths, free from encroachments, commercial stalls, and illegal parking, to prevent accidents and protect citizens' lives.
Directives to Municipal and State Authorities
In its comprehensive ruling, the Supreme Court directed all state governments and municipal corporations to formulate clear policies for pedestrian safety. The court highlighted the high rate of pedestrian fatalities on Indian roads, attributing them to the lack of dedicated walking spaces and poor enforcement of traffic regulations. The judgment mandates periodic inspection of roadsides and the immediate removal of permanent or temporary obstacles that force pedestrians to walk on active vehicle lanes.
Call for National Pedestrian Protection Legislation
The bench also called upon the central government to consider enacting national legislation to safeguard pedestrians. While existing laws like the Motor Vehicles Act focus primarily on vehicular traffic, there is no comprehensive statutory framework protecting non-motorized road users. By elevated pedestrian rights to a fundamental right status, the ruling empowers citizens to approach courts against municipal negligence, setting a new precedent for urban planning and public infrastructure design in India.
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