Daijiworld Media Network - New Delhi
New Delhi, Aug 3: The Supreme Court on Monday directed the Centre to ensure that every road across the country has an encroachment-free space for pedestrians, stressing that citizens must be able to walk safely without fear of vehicles.
A bench comprising Justices P S Narasimha and Alok Aradhe asked Additional Solicitor General K M Nataraj, appearing for the Centre, to issue instructions to the concerned authorities to demarcate pedestrian areas and prevent encroachments on spaces meant for walking.
"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 or anything and ensure it is not encroached," the bench observed.
The court granted the Centre two weeks to issue the necessary directions and posted the matter for further hearing after the same period.
The bench also observed that pedestrians should have the confidence that the designated walking space belongs to them and that they can use it safely without the threat of vehicular traffic.
The directions follow the Supreme Court's landmark judgment delivered on July 19, in which it held that a citizen's fundamental right to walk on a demarcated footpath takes precedence over the movement of motor vehicles.
The court had ruled that the right to walk is an integral part of the freedoms guaranteed under Articles 19(1)(a), 19(1)(b), 19(1)(c), 19(1)(d) and Article 21 of the Constitution.
"The fundamental right to walk will take within its sweep the right to demarcated footpaths," the court had observed in its judgment.
The ruling was delivered while deciding an appeal arising from a motor accident compensation case involving the death of a five-year-old boy who was struck by a tanker while walking to school with his father.
The child's father had initially sought compensation of Rs 25 lakh before the Motor Accidents Claims Tribunal (MACT), which awarded Rs 7.82 lakh with six per cent interest. The compensation was later reduced to Rs 4.70 lakh by the High Court after appeals from both parties.
The Supreme Court set aside the High Court's order and enhanced the compensation to Rs 11.44 lakh, directing that the amount be paid within two months.
In its judgment, the apex court emphasised that the recognition of the right to walk also places a corresponding duty on public authorities.
"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," the bench had observed.
The court also underlined the need for an independent regulatory body to oversee pedestrian infrastructure, stating that such an institution would help develop expertise, maintain transparency and ensure accountability in safeguarding the fundamental right to walk.
It further clarified that violations of the right to walk on demarcated footpaths would entitle citizens to seek constitutional and legal remedies, including restitution and compensation, independent of the remedies available under the Motor Vehicles Act, 1988.