The Supreme Court on Wednesday said the safety of pedestrians is of utmost importance and the absence of footpaths is dangerous as it leads to several accidents, while asking the states and local authorities how they would protect the fundamental right of pedestrians to have footpaths in proper condition and without any obstruction.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan directed all states and union territories to frame guidelines to ensure proper footpaths for pedestrians.
The bench said the absence of footpaths poses a danger, which leads to several accidents, and stressed that when pedestrians are forced to walk on roads, they are vulnerable to risks.
“It is necessary to have proper footpaths for citizens. They should be such that they are accessible for persons with disabilities, and the removal of encroachments is mandatory. This court has recognised that the right of pedestrians to use footpaths is guaranteed under Article 21 of the Constitution,” said the bench.
The bench said the question is how the states and local authorities will protect this fundamental right of pedestrians to have footpaths in proper condition without any obstruction, and also make sure that the footpaths are disabled friendly.
The bench said, “According to us, the safety of pedestrians is of utmost important…”, and added, “right to have footpaths which are unobstructed is certainly an essential characteristic…”.
Justice Oka said that on all public roads, there must be proper facilities of footpaths, with special emphasis on facilities for persons with disabilities. Justice Oka said the states will have to evolve their own policies to ensure that proper footpaths are available for the benefit of pedestrians. “We therefore direct all the states and union territories to come out with the guidelines…..”, said the apex court.
The bench directed the Centre to place on record the policies and guidelines on the subject of protecting the rights of pedestrians, and asked the Centre to file a compliance report, which will be forwarded to the amicus curiae to assist the court. The bench has listed the matter on August 1, 2025, for further hearing.
The bench observed in the absence of footpaths pedestrians were forced to walk on roads, making them vulnerable to risks and accidents.
Have proper footpaths for citizens. They should be such that they should be accessible for persons with disabilities and removal of encroachments is mandatory. This court has recognised that the right of pedestrians to use footpaths is guaranteed under Article 21 of the Constitution,” it said. The top court added, “Right to have footpaths which are unobstructed is certainly an essential characteristic.”
The bench, as a result, directed the Centre to place on record within two months its guidelines for protecting the rights of pedestrians.
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