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Citizens’ Rights: Keeping Footpaths Free of Encroachments

Writer's picture: Thota DevarajuThota Devaraju

Introduction

Footpaths, also known as sidewalks or pedestrian pathways, are essential public spaces that ensure the safe movement of pedestrians. In India, the right to use footpaths is directly linked to the fundamental rights of citizens, particularly the right to life and personal liberty under Article 21 of the Indian Constitution. However, the increasing issue of footpath encroachments has severely impacted public convenience and safety.

This blog explores the legal rights of citizens to use footpaths, why footpaths are a fundamental right, and the growing problem of encroachments in India.


Citizens' Fundamental Right to Use Footpaths

1. Legal Basis

  • Right to Life and Personal Liberty (Article 21): The Supreme Court of India has interpreted Article 21 to include the right to a clean and safe environment, which extends to pedestrian pathways.

  • Right to Freedom of Movement (Article 19(1)(d)): Every citizen has the right to move freely throughout the country, which includes unobstructed access to public roads and footpaths.

  • Directive Principles of State Policy (DPSP - Article 38, 39): The state is responsible for ensuring social justice and equitable access to public infrastructure, including footpaths.

  • Municipal Laws and Urban Planning Acts: Various state and city-level municipal corporations have legal obligations to provide and maintain footpaths for public use.

2. Why Footpath Usage is a Fundamental Right

  • Safety of Pedestrians: Footpaths protect pedestrians from road accidents, ensuring safe movement, especially for children, elderly people, and persons with disabilities.

  • Traffic Management: Clear and accessible footpaths help reduce pedestrian interference with vehicle traffic, improving road safety.

  • Public Health & Environment: Walking is an eco-friendly mode of transport that promotes a healthy lifestyle, reducing pollution and congestion.

  • Accessibility & Inclusion: Persons with disabilities, parents with strollers, and senior citizens rely on well-maintained footpaths for mobility.


Footpath Encroachments in India: A Growing Problem

Footpath encroachments refer to the unauthorized occupation of pedestrian walkways by vendors, shop extensions, parked vehicles, illegal structures, and even street dwellers. This issue has become a significant urban challenge in Indian cities.

1. Types of Footpath Encroachments

  • Street Vendors & Hawkers: Many vendors set up temporary or permanent stalls on footpaths, reducing walking space.

  • Shop Extensions: Shops and commercial establishments illegally extend their premises onto footpaths.

  • Illegal Parking: Two-wheelers and sometimes even cars occupy footpaths, leaving no space for pedestrians.

  • Slum Settlements & Temporary Shelters: Homeless individuals and beggars often reside on footpaths, making them inaccessible.

  • Construction Materials & Debris: Builders and contractors often dump construction materials, blocking pedestrian pathways.

2. Legal Framework Against Encroachments

Several laws in India prohibit and penalize footpath encroachments:

  • The Indian Penal Code (IPC) Sections 268 & 431: Penalizes obstruction and public nuisance.

  • The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014: Allows regulated vending zones but prohibits unauthorized encroachments.

  • The Motor Vehicles Act, 1988: Penalizes illegal parking on footpaths.

  • Municipal Corporation Acts (State-level laws): Empower local authorities to remove illegal structures and encroachments.

  • High Court & Supreme Court Orders: Various court rulings emphasize the duty of municipal bodies to keep footpaths clear for pedestrian use.

3. Impact of Footpath Encroachments

  • Pedestrian Safety Hazards: Increases risk of accidents as pedestrians are forced to walk on roads.

  • Traffic Congestion: Reduced pedestrian space leads to increased jaywalking and road blockages.

  • Environmental Degradation: Accumulation of waste and pollution due to illegal encroachments.

  • Loss of Public Space: Genuine footpath users, including students and workers, suffer from lack of access.


Measures to Keep Footpaths Free of Encroachments

1. Government & Legal Actions

  • Strict enforcement of municipal laws against encroachments.

  • Demarcation and creation of regulated vending zones for street vendors.

  • Regular inspections and removal drives by urban local bodies.

  • Improved urban planning policies ensuring pedestrian-friendly infrastructure.

2. Public Awareness & Citizen Participation

  • Citizens can file complaints with municipal corporations regarding encroachments.

  • Use of grievance redressal platforms like BBMP Sahaaya App (Bengaluru), Swachh Bharat App, and other state-specific portals.

  • Community-led initiatives to reclaim public spaces through social activism.

3. Technology & Smart City Initiatives

  • CCTV monitoring & AI-based tracking of footpath obstructions.

  • Implementation of smart footpaths with sensors for real-time monitoring.

  • Encouraging non-motorized transport (NMT) policies in urban development.


Conclusion

Footpaths are a fundamental right under the Indian Constitution, ensuring safe mobility for pedestrians. However, widespread encroachments pose a severe challenge to urban life, making roads unsafe and congested. Strict legal enforcement, public participation, and technology-driven urban planning are essential to keep footpaths encroachment-free. As responsible citizens, we must advocate for clean and accessible pedestrian pathways, ensuring that cities remain safe and walkable for all.


Have you faced footpath encroachment issues in your city? Share your thoughts and experiences in the comments below!


Best Regards,

Sairam Law Associates

Your Trusted Legal Partner in Bengaluru

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Disclaimer:

The information provided is for general informational purposes only and does not constitute legal advice. It is important to consult with a qualified attorney for any legal questions or concerns.

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