The Supreme Court on Wednesday emphasised that the right to use footpaths without obstruction is an essential part of the fundamental right to life guaranteed under Article 21 of the Constitution. [S Rajaseekaran v. Union of India & Ors].A Bench of Justices Abhay S Oka and Ujjal Bhuyan directed all states and union territories (UTs) to formulate guidelines to ensure pedestrian safety, particularly for persons with disabilities, within two months..The Court was hearing a petition which deals with road safety issues. Underscoring the urgency of footpath safety, one of the intervenors, Advocate Kishan Chand Jain, said that 19.5% of all road accident deaths involve pedestrians.During the hearing, Amicus Curiae Gaurav Agarwal informed the Court that road-owning agencies like the National Highways Authority of India (NHAI), state governments and municipal authorities are responsible for providing pedestrian-friendly infrastructure. He highlighted that the Indian Roads Congress (IRC) has issued comprehensive guidelines, including diagrammatic representations, detailing the ideal road infrastructure for pedestrians, including those with disabilities. The Union Ministry of Urban Affairs has also issued harmonised guidelines for pedestrian infrastructure, he added..Noting the critical need for safe pedestrian pathways, the Court observed that footpaths must be designed to accommodate all users, including persons with disabilities, and must be kept free from encroachments.It referred to the landmark Olga Tellis v. Bombay Municipal Corporation judgment, which first recognised the right of pedestrians to unobstructed footpaths as a fundamental right under Article 21.“Since Olga Tellis v. Union of India, this Court has recognised that the right of pedestrians to use footpaths is guaranteed under Article 21 of the Constitution. The right to have footpaths that are unobstructed is certainly an essential part of Article 21. If there are no proper footpaths, pedestrians will be forced to walk on roads, exposing them to significant danger and contributing to a substantial number of accidents,” the Court noted in its order..The Court also took note of the standards set by the IRC and other regulatory bodies, directing all states and UTs to frame guidelines in line with these standards. It set a two-month deadline for compliance and directed the Union of India to place on record its own policies and guidelines for pedestrian safety within the same period.Additionally, the Court addressed the slow pace of progress in establishing a National Road Safety Board, granting the Union government six months to constitute the body. It emphasised that no further extensions would be granted in this regard..The matter has been listed for further hearing on August 1..[Read Live Coverage]
