Supreme Court directs states, UTs to ensure obstruction-free, disabled-friendly footpaths
As per the Road Accidents in India Report 2022, 32,825 pedestrians were killed in 2022 alone out of 1,68,491 total fatalities on road
The Supreme Court on Wednesday directed states to show their readiness in protecting the lives of pedestrians walking on streets by ensuring unobstructed, disabled-friendly footpaths and footways and submit a policy in this regard within two months.
A bench headed by justice Abhay S Oka passed the order directing each state and union territory to prepare guidelines in this regard, observing that safety of pedestrians is of utmost importance.
The court was hearing a public interest litigation (PIL) on road safety filed by Hemant Jain, which highlighted rise in pedestrian deaths in road accidents due to absence of footpaths along roads. It said encroachment of these spaces forces pedestrians to risk lives by walking on streets.
The bench, also comprising justice Ujjal Bhuyan, said, “According to us, safety of pedestrians is of utmost importance. There must be proper footways or footpaths with special emphasis on facility for disabled as right to have unobstructed and disabled friendly footpaths is guaranteed under Article 21.”
The court directed all states and union territories to come out with guidelines in this regard by relying on two separate decisions rendered by the Bombay high court in 2018 and the Karnataka high court in 2021, dealing with a set of directions to free footpaths from any form of encroachment or obstruction.
The court directed the guidelines to be finalised in two months and called for compliance reports to be filed before the court that will be taken up for hearing on August 1.
The bench said, “If no proper provisions are made for footpaths, it can lead to accidents involving pedestrians. Authorities thus should ensure that footpaths, footways are in proper condition and are disabled friendly.”
The application filed by Jain in February this year pointed out that as per the Road Accidents in India Report 2022, 32,825 pedestrians were killed in 2022 alone out of 1,68,491 total fatalities on road, constituting a little less than 20% of the entire road fatalities figure.
Pointing to the grim reality of Indian streets, Jain said, “Footpaths are vanishing, encroached upon by illegal structures, parked vehicles, and street vendors. The remaining pedestrian spaces are broken, uneven, or outright dangerous, forcing people to walk on the roads, where they are easy targets for reckless drivers. Every step a pedestrian takes is a gamble with life.”
This goes contrary to the fundamental right to life under Article 21 which the state is constitutionally bound to preserve, he said. While the Motor Vehicles Act, 1988, Central Motor Vehicles Rules, 1989, and the Motor Vehicles (Driving) Regulations, 2017 provide statutory safeguards for pedestrian safety, the same is not being enforced in right earnest, he added.
Jain cited the Indian Roads Congress (IRC) Standards that require footpaths to be built and maintained as per IRC standards and mandates all cities and towns to have pedestrian-friendly infrastructure. Even the Global Plan for the Decade of Action for Road Safety (2021- 2030) recognises pedestrian safety as a critical component of road safety, he added.
