Nagpur: The Supreme Court’s recent recognition of the right to walk on safe, accessible and obstruction-free footpaths as a part of the fundamental right to life under Article 21 has reignited a crucial debate in Nagpur, where pedestrians continue to struggle with encroached, inaccessible and poorly designed footpaths.
While the apex court’s observations have been widely welcomed, legal experts argue that the reality on Nagpur’s streets remains far removed from the constitutional ideals articulated by the judiciary. According to them, the right may now be firmly established in law, but its implementation remains a significant challenge.
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Senior advocate Firdos Mirza believes the latest Supreme Court intervention could prove to be a turning point. Unlike many previous cases where directions were issued and proceedings concluded, the apex court has chosen to keep the matter pending while directing planning authorities to implement corrective measures.
“The significance of this order lies in the fact that the Supreme Court is continuing to monitor the issue. Since the proceedings remain open, authorities may face greater accountability and implementation could improve even at the local level,” Mirza said.
However, he pointed out that Nagpur’s pedestrian infrastructure suffers from fundamental design flaws. According to him, many footpaths across the city are not accessible even before the issue of encroachments is considered.
“Several footpaths, including those located near important public institutions, are elevated by nearly one-and-a-half feet and lack proper ramps. Such designs effectively exclude senior citizens, persons with disabilities and others with mobility challenges,” he observed.
Even where footpaths exist, keeping them free from encroachments remains an equally pressing concern, Mirza added.
Advocate Tushar Mandlekar echoed these concerns and stressed that judicial pronouncements alone would not change ground realities unless authorities strictly enforced the law. He argued that civic bodies themselves have, at times, contributed to the problem by permitting or constructing structures that occupy pedestrian spaces.
“Encroachments are not always limited to hawkers or vendors. In some places, even public infrastructure has been developed on footpaths. The question is who will take action when such violations involve civic authorities themselves,” Mandlekar remarked.
He also alleged that weak enforcement and administrative lapses have allowed footpaths to be overtaken by food stalls, kiosks and other unauthorised structures, forcing pedestrians onto busy roads and exposing them to traffic hazards.
According to legal experts, now that the right to unobstructed footpaths has been recognised as a fundamental right, governments and local authorities have a constitutional obligation to protect and enforce it.
“Recognition of a right is only the first step. Its implementation is what ultimately determines whether citizens benefit from it,” they said.
Responding to concerns raised by experts, Nagpur Municipal Commissioner Dr Vipin Itankar said the civic administration has already launched initiatives aimed at reclaiming pedestrian spaces and improving walkability in the city. He cited the recently undertaken 100-day anti-encroachment campaign as one of the major efforts to clear footpaths and restore them for public use.
“We are actively working on the issue. The anti-encroachment drive was designed to reclaim footpaths for pedestrians. In addition, the city is developing 30 to 40 kilometres of scientifically planned walkable streets that will provide safer and more accessible infrastructure,” Dr Itankar said.
According to the Commissioner, projects covering areas such as Laxmi Nagar, Trimurti Nagar and several other localities have already moved beyond the planning stage, with tenders awarded and execution expected to begin after the elections.
As the Supreme Court pushes for greater accountability and cities across India reassess their urban infrastructure, Nagpur now finds itself at a critical juncture. The challenge before civic authorities is not merely to construct footpaths, but to ensure that they remain accessible, inclusive and free from encroachments, allowing pedestrians to exercise a right that the Constitution now firmly protects.
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