We will sit on dharna: SC warns govt over missing footpath, crossing near Delhi HC

In an unusual warning to the authorities over the lack of proper footpath and pedestrian crossing near the Delhi High Court, the Supreme Court has said its judges may stage a dharna at the court's main gate if the problem is not resolved before the next date of hearing.

A bench of Justices JB Pardiwala and KV Vinod Chandran expressed strong displeasure over the failure to ensure basic pedestrian infrastructure, making it clear that forming committees would not suffice and that concrete action on the ground was necessary.

The judges, however, delivered their warning in a lighter vein while addressing Additional Solicitor General (ASG) Vikramjit Banerjee, saying they would not leave the site until the work was completed.

“If you don't do it before the next date of hearing, both of us will be at the main gate of the Delhi High Court, and we will not go home until you complete the work. That's for sure. Baith jaayenge wahan dharna karne ke liye wahan (We will sit there on dharna), and we will not allow Mr. Banerjee to also go home,” the bench said.

The court indicated that it would not accept further delays and warned that the Delhi government's chief secretary could be summoned in person if the authorities failed to take effective steps.

SAFE FOOTPATHS A FUNDAMENTAL RIGHT

The Supreme Court emphasised that pedestrians' access to safe footpaths is a fundamental right protected under Article 21, which guarantees the right to life, and Article 19(1)(d), which provides for freedom of movement.

The court has directed all states and Union Territories to ensure that roads have safe, clearly marked footpaths free from encroachments. In its recent directions on pedestrian safety, it stressed that the rights of pedestrians must take precedence over the movement of motorised vehicles.

“Pedestrians’ rights are primary and will override the movement of motorised vehicles,” the court said.

FOOTPATHS CANNOT BE OPTIONAL

The court has directed governments and local authorities to construct and maintain footpaths alongside roads, making it clear that pedestrian infrastructure cannot be treated as an optional addition to road projects.

It has also called for the removal of encroachments and obstructions, including unauthorised stalls, electricity poles, garbage and illegal parking, to ensure that pedestrians are not forced to walk on the main carriageway.

The Supreme Court has asked the Centre to establish or designate a central authority to monitor compliance with its directions. It has also called for a pilot project to develop footpaths in five cities in the initial phase.

SAFETY AUDITS AND GRIEVANCE REDRESSAL

The court has directed authorities to follow the Indian Roads Congress' guidelines, including IRC 103:2022, as minimum standards for footpath design and safety. These include anti-skid surfaces, ramps and wheelchair-accessible facilities.

It has also called for regular safety audits of footpaths and pedestrian crossings in major cities and along national highways under the National Highways Authority of India's jurisdiction.

To improve accountability, the court has directed authorities to develop a public grievance redressal mechanism, including an online portal through which people can report encroachments and poorly maintained footpaths.

The court has further directed states and Union Territories to frame stricter rules under the Motor Vehicles Act to regulate pedestrian movement and non-motorised transport, including bicycles.

The court's message is that urban development cannot be measured solely by wider roads and smoother traffic movement. Authorities must also ensure that people can walk safely and with dignity.