The Supreme Court on Friday held that the right of pedestrians to walk on safe and properly maintained footpaths forms an integral part of the rights guaranteed under Articles 19 and 21 of the Constitution and cannot be subordinated to the convenience of motor vehicles.
The Bench of Justice PS Narasimha and Justice AS Chandurkar observed that the freedom of movement and the right to life and personal liberty encompass the right to access safe pedestrian infrastructure. The Court held that the existence of a public road carries with it a corresponding obligation on the part of public authorities to provide and maintain adequate pedestrian infrastructure, including designated footpaths.
The Bench observed that Indian cities and towns have historically prioritised motorised transport at the expense of pedestrian safety, resulting in inadequate footpaths and the encroachment of existing pedestrian spaces. It noted that pedestrians remain among the most vulnerable road users and that urban planning must recognise and protect their constitutional rights.
Emphasising that the right to walk safely requires effective enforcement, the Court observed that urban development authorities, municipal corporations, municipalities and panchayats are duty-bound to create, maintain and protect pedestrian infrastructure. It further held that citizens whose right to walk safely is infringed may seek appropriate constitutional, statutory and civil remedies against the authorities responsible, in addition to remedies available under the Motor Vehicles Act.
The Court also noted the absence of a dedicated statutory framework governing pedestrian rights and recommended the formulation of an appropriate legislative mechanism defining the rights of pedestrians, duties of public authorities and effective enforcement measures. A copy of the judgment was directed to be forwarded to the concerned Ministries and the Law Commission for consideration.
While deciding the appeal, the Bench set aside the High Court’s order reducing compensation and enhanced the compensation payable to the deceased child’s family to Rs 11.44 lakh.
The observations were made in a case arising from the death of a five-year-old child who was fatally hit by a tanker while walking to school with his father in an area where neither a footpath nor a pedestrian crossing was available. The Court observed that the absence of basic pedestrian infrastructure was a significant factor requiring broader judicial scrutiny.
Considering the wider public importance of the issue, the Bench directed that the matter be registered as a separate proceeding to examine pedestrian rights and infrastructure across the country. The Union government, through the concerned Ministries, was directed to assist the Court on the larger policy issues involved. Advocate Mamidipudi V Mukunda appeared as amicus curiae and assisted the Court in the matter.
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