The Supreme Court on Monday directed the Centre to ensure that roads have properly demarcated, encroachment-free space for pedestrians.A Bench led by Justice PS Narasimha asked Additional Solicitor General (ASG) KM Nataraj, representing the Centre, to instruct the authorities concerned to make sure that the space meant for walking was not encroached upon and was properly separated from lanes meant for motor vehicles.”Without any big investment and construction, just ensure that proper demarcation is done of pedestrian space. Wherever there is a road, there should be a space for walking. Do it with a rope or anything and ensure it is not encroached,” the Bench told the ASG.It gave him two weeks to issue the necessary instructions, emphasising that pedestrians should have confidence that the space is meant for them and they can walk freely without the threat of moving vehicles.Noting that the right to walk is “inextricably” linked to human life, the Supreme Court had on June 19 declared pedestrians’ right to walk on a demarcated footpath a fundamental right.The verdict came in a case involving a road accident that claimed the life of a five-year-old child who was hit by a tanker while walking to school with his father. Setting aside the high court’s order, the top court enhanced the compensation awarded to the child’s family to Rs 11.44 lakh. It had noted that the accident occurred in circumstances where there was no footpath or pedestrian crossing.“The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1) (b), Article 19(1) (c) and Article 21 of the Constitution,” it had said.While Article 19(1)(d) says “all citizens shall have the right to move freely throughout the territory of India”, Article 19(1)(a), Article 19(1) (b), Article 19(1) (c) guarantee the rights to freedom of speech and expression, peaceful assembly without arms and the formation of unions, respectively. Article 21 guarantees the right to life and personal liberty.“The fundamental right to walk will take within its sweep the right to demarcated footpaths. These rights are primary and shall have priority over movement by motorised vehicles,” the top court had said.“If a road exists, there is a duty to ensure the availability of demarcated and well-maintained footpaths. 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,” it had said.“The violation of the right to walk on demarcated footpaths will entitle citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation. This remedy is independent of those available under the Motor Vehicles Act, 1988,” the Bench said.However, the freedom to walk on footpaths was subject to reasonable restrictions, it clarified.


