Do roads in your city have pavements? If yes, are these pavements encroachment free? Are these pavements suitable for pedestrians in respect of safety, smoothness and cleanliness? These and some more related questions come to our mind when we go out on foot for sundry daily works in any city of our country.
Normally, pavements on both sides of city roads are part of the road traffic plan. It is generally found on official paper and in some cases on the ground as well. But the condition of the pavements wherever in existence by the side of the road is seen to be believed.
Most of these pavements are either fully encroached by the shopkeepers and hawkers or are in a bad shape. This state of affairs is generally in the know of the civic authorities. Yes, anti-encroachment drive is undertaken occasionally by the concerned departments due to various reasons including court’s intervention to clear the roads and footpaths in some areas, but very little follow-up action is seen to have taken to ensure non-repetition of encroachment by the same hawkers and shopkeepers.
Naturally, the walkers have very little or
no choice but to walk on the road at their own risk of being hit by motorised
vehicles or falling due to man-made obstructions on the pavements. The senior
citizens, children and ladies are the worst hit.
It is heartening that the Supreme Court of India recently directed the Central Government to ensure a properly demarcated encroachment free space for pedestrians while deciding an appeal arising from the death of a five-year-old boy who was fatally hit by a tanker while walking to school with his father. The apex court asked the ASG (Additional Solicitor General) to instruct the authorities concerned to make sure that the space meant for walking is not encroached upon and is properly separated from motor vehicle lanes.
The Division Bench of the Supreme Court also
said the following: 1) Wherever there is a road, there should be a walkers’
space; 2) Without any big investment and construction, just ensure that proper
demarcation is done of walker space. Do it with a rope or anything and ensure
it is not encroached; 3) The right to walk on a demarcated footpath is a
fundamental right and the pedestrians should have confidence that the space is
meant for them and they can walk freely without any threat of moving vehicles. 4)
Walking is not merely a mode of travel
but an essential part of life and personal liberty. And the right to walk flows
from the constitutional guarantee of free movement under Article 19(1)(d), as
well as the rights under other Articles of the constitution; 5) Recognising a
fundamental right also creates a corresponding duty on public authorities. If
the road exists, there is a duty to ensure that there are demarcated and
well-maintained footpaths for walkers; 6) The responsibility lies with urban
development authorities, municipal corporations, municipalities and panchayats,
which must ensure that footpaths and other pedestrian infrastructure are
properly constructed, maintained and protected; 7) Citizens can seek legal and
constitutional remedies, including compensation, if their right to walk on safe
footpaths is violated. Such remedies would be independent of those available
under the Motor Vehicle Act, 1988.
Now, in the light of existing laws and the apex court’s directive, it would be essential and appropriate for the concerned departments to review thoroughly the current status of the existing pavements/footpaths under their jurisdiction in order to make them safe, clean and perfectly walkable. Where pavements are still not constructed, it should be done without further delay. Naturally, this will require firm will power and commitment on the part of administrative machinery for time bound action against all the wrongdoers so as to comply with the apex court’s directive. This list of wrongdoers will naturally include the planners, contractors, engineers, civic authorities and such other erring officials.
The civil society and the media should also come forward to highlight and report aberrations and encroachments on an ongoing basis with a follow-up mechanism in place. After all, the citizens of every place have the right to ask the question about the genuine utilisation of the public fund being spent for not only construction of the pavements/footpaths, but also about its proper maintenance and upkeep.
As always, I'm keen to know what you think on this subject. Hence, I request you to post your comments to share your valuable opinion. (hellomilansinha@gmail.com)
# Published in my Sunday Column of "Morning India" daily.
# Click here to enjoy my Blog in Hindi, "Chalte, Chalte" (चलते, चलते)
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