No More Walking on Roads; Supreme Court Upholds Pedestrians’ Fundamental Right to Safe Footpaths
New Delhi, May 15, 2025 – In a landmark judgment, the Supreme Court of India ruled that proper footpaths are a fundamental right under Article 21 (Right to Life and Dignity) of the Constitution. The court directed all States and Union Territories to implement guidelines ensuring unobstructed and accessible footpaths for pedestrians, including persons with disabilities.
Footpaths Are a Constitutional Right, Says SC
A Bench of Justices A.S. Oka and Ujjal Bhuyan emphasized that unhindered footpaths are essential for pedestrian safety. The court stated, “The right of pedestrians to use footpaths is guaranteed under Article 21. Proper footpaths must be free from encroachments and accessible to all.”
The ruling came during a hearing on the delay in implementing a cashless treatment scheme for road accident victims. The court noted that lack of footpaths forces pedestrians onto roads, increasing accident risks.
Highways Without Emergency Care Questioned
The Bench criticized the government for prioritizing highway construction over emergency medical care. Justice Oka remarked, “People are dying in accidents because there’s no golden hour treatment. What’s the use of highways without proper medical facilities?”
The ‘golden hour’—the critical 60 minutes post-accident—requires immediate cashless treatment, as mandated in a January 2025 Supreme Court order. The court has now reinforced this directive, urging strict compliance.
Next Steps: State Compliance Mandatory
The Supreme Court has ordered States and local authorities to:
✔ Frame guidelines for pedestrian-friendly footpaths.
✔ Remove encroachments obstructing pathways.
✔ Ensure accessibility for differently-abled individuals.
This judgment is expected to improve urban walkability and reduce pedestrian fatalities across India.
