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The Supreme Court has adopted a very strict stance regarding the safety of common citizens walking on the roads across the country. The Supreme Court on Monday said in clear words that footpaths are an important and essential part of the lives of citizens. A bench of Justices PS Narasimha and Alok Aradhe issued notices to all states and Union Territories seeking detailed replies on their compliance with the earlier directions to create encroachment-free and safe footpaths for pedestrians. Due to this strictness of the court, the pressure on the local administration and state governments has increased considerably.
Fundamental right of citizens to walk on footpath: Supreme Court
During the hearing, the Supreme Court bench, while discussing with Additional Solicitor General (ASG) KM Nataraj, appearing for the Centre, said that the first and most important step is to properly mark the safe space for pedestrians, so that every citizen can get complete assurance of safety while walking on the road. Reiterating its previous historic decisions, the court said that the right to walk on the designated footpath is a fundamental right of any citizen. It should be given priority over the movement of motor vehicles under Article 19(1)(d) of the Constitution i.e. ‘right to movement’ and Article 21 i.e. ‘right to life’. This entire case is related to compensation in a tragic road accident in which a father lost his five-year-old innocent son while going to school.
Advisory of Road Transport Ministries and accountability of States
On behalf of the Central Government, the Court was informed that since roads and transport are state subjects, the Ministry of Road Transport and Highways (MoRTH) and the Ministry of Housing and Urban Affairs (MoHUA) have already issued guidelines and advisories to all the States, Union Territories and National Highways Authority of India (NHAI) in strict compliance with the directions of the apex court. Now the Supreme Court has called for a report from all the states on the compliance of these advisories, so that it can be clear what concrete steps are being taken towards making the footpaths encroachment free for the pedestrians at the ground level.