States asked to ensure safe, well-maintained footpaths
NEW DELHI, AUG 24 (PTI): The existence of footpaths is integral to human life, the Supreme Court said on Monday, directing all States and Union Territories to respond on implementation of its directions for properly demarcated, encroachment-free spaces for pedestrians.
A bench of Justices PS Narasimha and Alok Aradhe impleaded all states and UTs as parties in the suo motu case on ensuring properly demarcated footpaths wherever there is a road.
“The first step is proper demarcation of space for pedestrians. There should be confidence of safety in walking. Wherever there is a road, people should walk in the demarcated space,” the bench told Additional Solicitor General KM Nataraj, appearing for the Centre.
Nataraj said roads are a state subject and the Ministry of Road Transport and Highways and Ministry of Housing and Urban Affairs have issued advisories to States, UTs and National Highways Authority of India for creating properly demarcated pedestrian spaces in compliance with the court’s directions. The bench asked states and UTs to respond to the advisories.
On August 3, the court had directed the Centre to ensure every road has a properly demarcated pedestrian space and that walking areas are not encroached upon or merged with motor vehicle lanes. The apex court had stressed that pedestrians should be confident that designated spaces are meant for them and allow them to walk freely without the threat of moving vehicles.
On June 19, the court had held that the right to walk on a demarcated footpath is a fundamental right. It said the right has priority over motorised vehicles on such paths and forms part of the right to movement under Article 19(1)(d) and other fundamental rights, including Article 21.
The verdict came in a motor accident compensation case in which a father lost his five-year-old son while taking him to school. It also said the right carries a corresponding duty. “If the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers.”
The court had further held that violation of the right to walk on demarcated footpaths entitles citizens to seek constitutional and legal remedies, including restitution and compensation, independently of remedies under the MV Act, 1988.