Supreme Court Mandates Encroachment-Free Pedestrian Spaces as Fundamental Right

In a significant judicial intervention aimed at urban planning and public safety, the Supreme Court has directed the Centre to ensure that all roads are equipped with properly demarcated, encroachment-free spaces for pedestrians. This directive reinforces the Court’s landmark June 2026 verdict, which established that the right to walk on a safe, unobstructed footpath is an essential component of the Right to Life under Article 21 and the Right to Freedom of Movement under Article 19(1)(d) of the Constitution. The Court’s stance marks a paradigm shift in urban governance, moving away from vehicle-centric infrastructure toward a more inclusive, pedestrian-friendly model. By declaring that pedestrian rights take precedence over motorized vehicles, the judiciary has highlighted the systemic failure of urban local bodies to manage public spaces effectively. Encroachments by street vendors, illegal parking, and construction debris have long rendered footpaths unusable, forcing pedestrians—particularly the elderly, children, and persons with disabilities—to walk on busy carriageways, thereby increasing the risk of accidents.