The Supreme Court has directed government authorities to ensure that pedestrian spaces along roads are clearly demarcated and protected from encroachments, emphasising that citizens must be able to walk with a reasonable assurance of safety and uninterrupted access.
A bench comprising Justice PS Narasimha and Justice Alok Aradhe issued the direction on Monday while hearing a suo motu proceeding concerning the fundamental right to access safe and properly demarcated footpaths. The proceedings arise from the Court’s earlier recognition of pedestrian rights as a constitutional entitlement.
The Court asked Additional Solicitor General KM Nataraj, who was representing the Centre, to advise the competent authorities to undertake proper demarcation of pedestrian areas and ensure that such spaces remain free from encroachments.
The bench adjourned the proceedings for two weeks while stressing that the immediate requirement was not necessarily the construction of new infrastructure, but the identification and protection of space already intended for pedestrians.
Justice Narasimha observed that demarcating pedestrian areas would not ordinarily entail substantial expenditure or reconstruction. The Court indicated that local authorities are already aware of the roads and pedestrian spaces falling within their respective jurisdictions and can undertake the exercise by clearly identifying the portions meant for walkers.
The Court underscored that where a road exists, pedestrians must have a designated space to walk. Such space, it said, should provide a sense of certainty and safety to those using public roads.
The bench further emphasised that pedestrian areas must be treated as protected public spaces and cannot be permitted to be occupied or obstructed through encroachments.
The observations assume significance in the backdrop of the Supreme Court’s June 19 judgment recognising the right to walk on demarcated footpaths as a fundamental right. In that ruling, the Court held that the right to walk falls within the constitutional guarantee of freedom of movement and is intertwined with other fundamental rights. It also held that the right to walk on demarcated footpaths carries priority over the movement of motorised vehicles.
The earlier judgment further recognised a corresponding obligation on public authorities: once a road is provided, authorities have a duty to ensure that pedestrians are provided with safe, demarcated and properly maintained footpaths.
The Court’s latest intervention therefore seeks to translate that constitutional principle into an administrative obligation, requiring urban and local authorities to identify pedestrian corridors and preserve them against unauthorised occupation.
The Supreme Court’s directions come in the case titled In Re: Fundamental Right to Walk and Footpath by Courts Motion v. Ministry of Housing and Urban Affairs, W.P. (C) No. 844/2026.
The Court’s intervention places pedestrian mobility within the broader framework of constitutional governance, making it clear that the use of public roads cannot be structured exclusively around vehicular movement. The availability of an identifiable and unobstructed pedestrian corridor is integral to enabling citizens to exercise their right to move safely through public spaces.
The proceedings will next be taken up after two weeks.
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