Walker Space Is Sacred, That Can't Be Encroached Upon: Supreme Court Directs Centre To Make Encroachment-Free Pedestrian Zones

It was remarked that people must have confidence while walking in the space meant for walkers.

The Bench of Justice PS Narasimha and Justice Alok Aradhe said, "There must be confidence that... for the person who is walking... that 'this is my road where I am walking." That confidence is necessary, and the culture must develop saying that... so far as the walker space is concerned, that is sacred, that can't be encroached upon...That is the principle that you'll have to instruct all the urban and... other... other authorities. So, first and foremostly, without any further investment, without any breaking of the roads and all, just demarcate... by way of a rope or some... procedure. These are the instructions we wanted you to give."

The Court suggested that there must be a demarcation between walking areas with low-cost methods like ropes, without waiting for large-scale construction or heavy investment.

The Court emphasized that pedestrian walkways must be strictly segregated from motor vehicle lanes to allow citizens to walk safely and with confidence.

Previously, while observing that the right to walk is a fundamental right under Part III of the Constitution and a citizen can enforce a restitutionary remedy if this right to walk on a demarcated footpath is violated, the Supreme Court has suggested the institution of a regulatory body to oversee such matters and effectuate such a right. The appeal before the Apex Court was filed by a man who lost his young son. The five-year-old boy was crushed by a tanker on his way to school.

The Bench stated that there must then be a duty to ensure that a footpath is demarcated and maintained for the walkers if a road exists. It further stated that it is an enforceable duty and the fundamental right to walk on demarcated footpaths overrides the privilege of a motorised vehicle. The Bench further noted that though the right to walk on demarcated footpaths is integral to Articles 21 and 19(1) (d), there is no legislation.