Supreme Court Orders Encroachment-Free Footpaths Across India

Supreme Court Orders Encroachment-Free Footpaths Across India

The Supreme Court has directed the Central Government to ensure that pedestrians have separate and encroachment-free spaces on all roads across the country. A bench comprising Justice P.S. Narasimha and Justice Alok Aradhe instructed Additional Solicitor General K.M. Nataraj to issue directions to the concerned authorities within two weeks to clear encroachments from designated pedestrian areas and keep them separate from motor vehicle lanes.
During the hearing, the bench observed, “Every road must have space for pedestrians, and that space should remain free from encroachment.” The court emphasized that authorities should not wait for large infrastructure projects or fresh investments to create pedestrian facilities. “Wherever roads exist, pedestrian spaces should be marked immediately. If required, ropes can be used as temporary barriers, but pedestrian zones must remain protected,” the judges said.
The court further stated that pedestrians should be able to walk with confidence, knowing that the designated space is exclusively for them and that they are safe from moving vehicles. The matter will be heard again after two weeks.
Earlier, on June 19, the Supreme Court had declared that walking on footpaths is a fundamental right of citizens. The court held that this right flows from Article 19(1)(d), which guarantees freedom of movement, and Article 21, which protects the right to life. It added that the responsibility for creating, maintaining, and protecting pedestrian infrastructure rests with development authorities, local bodies, and panchayats.
Why Footpaths Matter
According to the Ministry of Road Transport and Highways’ Road Accidents in India 2024 report, 1,77,175 people lost their lives in road accidents during the year. Among them, 36,526 were pedestrians, accounting for 20.6% of all fatalities—roughly one in every five deaths. In 2023, the number of pedestrian deaths stood at 35,203.
The government also informed Parliament that 62,122 people died in accidents on national highways in 2025, marking a 4.1% decline compared to 2024. However, separate data for pedestrian fatalities on national highways was not provided.
Origin of the Case
The issue reached the Supreme Court during proceedings related to the death of a five-year-old child in a road accident. Subsequently, the court registered a separate matter titled “Fundamental Right of Pedestrians and Footpaths” and made the Central Government a party to the case.

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