NEW DELHI: The Supreme Court has given four weeks time to the Centre as last opportunity to frame the necessary guidelines in order to protect a fundamental right of pedestrians to have footpaths in proper condition without any obstruction.
A bench of Justices J B Pardiwala and R Mahadevan pointed out the instant litigation has something to do with the safety of pedestrians and if the Union government failed to frame the guidelines, this court would do the needful with the assistance of the counsel.
"It has been pointed out that it is necessary to have proper foothpaths for the use of citizens. The footpaths should be such that the same are accessible and usable for persons with disability and the removal of encroachments on the foothpaths are mandatory," the bench said.
Senior advocate Gaurav Agarwal, appearing as amicus curiae submitted the guidelines were yet to be framed by the Union government.
He said the Supreme Court had set up a committee headed by former SC judge, Justice Abhay Manohar Sapre to monitor the implementation of various orders pertaining to road safety. The counsel submitted once the guidelines are framed, the committee can start monitoring its implementation to prevent pedestrian deaths.
Additional Solicitor General Vikramjit Banerjee, appearing for the Centre, submitted that the Union government would frame guidelines in this regard.
On May 14, 2025, the Supreme Court said safety of pedestrians is of utmost importance and absence of footpaths is dangerous as its leads to a number of accidents.
It sought to know as how the states and local authorities will protect this fundamental right of pedestrians to have footpaths in proper condition without any obstruction.
The court then directed all states and union territories to frame guidelines to ensure proper footpaths for pedestrians.
The court said absence of footpaths poses danger, which leads to a number of accidents, and stressed that when pedestrians are forced to walk on roads, they are vulnerable to risks.
“It is necessary to have proper footpaths for citizens. They should be such that they should be accessible for persons with disabilities and removal of encroachments is mandatory. This court has recognised that the right of pedestrians to use footpaths is guaranteed under Article 21 of the Constitution,” the bench said.
The bench had directed the Centre to place on record the policies and guidelines on the subject of protecting rights of pedestrians.
The court had also granted six months to the Centre to constitute a National Road Safety Board and clarified no more time would be granted. The bench passed the order on a plea raising concerns on pedestrian safety, emphasising the lack of proper footpaths and encroachments on walkways.
