Right to walk safely: SC orders Centre to ensure pedestrian walkways, reaffirms it as fundamental right
In a landmark directive issued on Monday, the Supreme Court ordered the central government to establish properly demarcated and encroachment-free pedestrian zones along all roadways
In a landmark directive issued on Monday, the Supreme Court ordered the central government to establish properly demarcated and encroachment-free pedestrian zones along all roadways, PTI reported. A bench comprising Justices PS Narasimha and Alok Aradhe asked Additional Solicitor General KM Nararaj, appearing for the Centre, to instruct all authorities concerned with road development to ensure that the space meant for walking is not encroached upon and is properly separated from motor vehicle lanes. “Without any big investment and construction, just ensure that proper demarcation is done of walkers' space. Wherever there is a road, there should be a walkers' space. Do it with a rope and ensure it is not encroached,” the bench said.
Also Read | Trump asks US SC to overturn $83.3 million E Jean Carroll defamation verdict The bench gave the government two weeks to instruct the relevant authorities to implement these changes, and emphasised the importance of pedestrians being able to have confidence that the space is meant for them and that they can walk freely without any threat from moving vehicles. On 19 June, in a significant verdict, the top court held that the right to walk on a demarcated sidewalk is a fundamental right. It has held that this shall have priority over motorised vehicles on demarcated paths and it forms part of the right to movement guaranteed under Article 21 (right to life and liberty).
Also Read | Supreme Court stays Delhi HC ruling bringing NSE under RTI Act Why the judgment is crucial The court passed this judgment and these observations while deliberating on a motor accident claim. The top court pronounced that the judgment arises from a case where a tanker hit a 5-year-old as he was on the way to school with his father. Speaking on the case, the bench added, “The fundamental right to walk on demarcated footpaths has a correlative duty. If the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers. The duty bearers are the urban development authorities, municipal corporations, municipalities and even panchayats, who must endeavour to demarcate, construct, maintain, and safeguard footpaths and other necessary pedestrian infrastructure, as walking is integral to life", according to the Indian Express.
It also stressed the importance of establishing a regulatory body on the subject, and also clarified that the violations of the right to walk on demarcated footpaths will entitle citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation. This will be independent of the remedies that are available in the Motor Vehicles Act, 1998. Also Read | Why India is leveraging Aadhaar authentication for organ donation
The BriefWire