In a crucial ruling, the Supreme Court has recognized the right to use unobstructed and disabled-friendly footpaths as an essential part of the right to life under Article 21 of the Indian Constitution. The decision came while hearing a case highlighting pedestrian safety concerns, including the absence of proper footpaths and their frequent encroachments.
The Court emphasized that pedestrians are forced to walk on roads in the absence of proper footpaths, which exposes them to significant risks and accidents. Stressing the importance of pedestrian safety, the Court stated:
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"Right to have unobstructed and disabled-friendly footpaths is guaranteed under Article 21."
A bench of Justice AS Oka and Justice Ujjal Bhuyan directed all States and Union Territories to ensure the availability of safe and accessible footpaths for all, particularly for persons with disabilities. Key directions issued by the Court include:
- Footpaths must be accessible and usable by persons with disabilities.
- Encroachments on footpaths must be removed immediately.
- All public roads should have proper, user-friendly footways for persons with disabilities.
- States and Union Territories must develop policies ensuring the availability and maintenance of footpaths.
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The Supreme Court referred to the Bombay High Court's detailed directions in "High Court on its own motion v. State of Maharashtra, 2018 SCC OnLine Bom 221" and "DS Ramchandra Reddy v. Commissioner of Police." These directions, the Supreme Court stated, should be used as a model for all states.
The Court also stressed the importance of adhering to the standards set by the Indian Roads Congress and other authorities. All States and Union Territories were directed to:
- Frame guidelines following the Bombay High Court’s directions.
- Submit compliance reports within two months.
- The Union of India must also present its policies for protecting pedestrian rights within two months.
The case is scheduled for a further hearing on 1st August.
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