SC Seeks Five-City Pilot to Ensure Footpaths on Every Road
A bench of Justices P S Narasimha and Alok Aradhe said the designated authority should have adequate funds, staff, infrastructure and space to provide and maintain footpaths. Additional Solicitor General K M Nataraj, appearing for the Centre, told the bench that he would present the details before the court.
The court directed the Union government to identify an authority responsible for establishing footpaths and said five towns could be selected to begin the pilot project wherever roads exist. The matter has been listed for further hearing after three weeks.
The proceedings relate to a case concerning the provision of properly demarcated footpaths along roads across the country. In a significant ruling on June 19, the Supreme Court held that the right to walk on a demarcated footpath is a fundamental right under Part III of the Constitution.
The court said the right to walk is integral to the right to movement guaranteed under Article 19(1)(d), read with other fundamental rights, including those under Articles 19 and 21. It held that walking on demarcated footpaths must take priority over the movement of motorised vehicles and placed a corresponding duty on authorities to provide well-maintained footpaths wherever roads exist.
On August 24, the court directed all states and Union territories to respond on measures for providing properly demarcated and encroachment-free pedestrian spaces. The proceedings arose from a motor accident compensation case involving the death of a 5-year-old boy being taken to school. The court later directed its registry to register a case titled In Re: Fundamental Right to Walk and Footpath and included the Centre through the ministries handling housing and urban affairs, rural development, and road transport and highways.