Kerala High Court Seeks Kochi Corporation's Plan To Protect Pedestrian Rights After SC Declares Safe Footpaths A Fundamental Right

At the outset, the Court questioned whether the rights of pedestrians in Kochi—and indeed across much of Kerala—were being adequately protected in light of the Supreme Court's recognition of the right to safe footpaths.

"The honourable Supreme Court has recently declared the right to safe pedestrian paths and footpaths a fundamental right. In that context one wonders whether such rights of the citizens of the city and most of the part of the State are protected at all," the Court observed.

Amici curiae, advocates Vinod Bhat and S. Krishna, submitted that while the overall condition of roads in Kochi had not deteriorated significantly, possibly due to maintenance efforts, the condition of footpaths remained unsatisfactory.

Observing that the problem extended beyond Kochi, the Court remarked, “Though the problem is endemic and not restricted to Kochi alone but perhaps throughout the State, its Corporation cannot remain muted even after the declaration of the Honourable Supreme Court.”

The Court further observed that when fundamental rights are ignored, judicial intervention becomes necessary to secure accountability and protect citizens' liberties.

Appearing for the Kochi Corporation, Standing Counsel K. Anand acknowledged that pedestrians had perhaps not received adequate priority in the past. He assured the Court that the Corporation would change its approach in light of the Supreme Court's ruling and sought time to implement corrective measures and place a report before the Court.

The amici curiae also pointed out that although the general condition of roads in Kochi was largely satisfactory, several stretches had suffered damage due to the monsoon. They offered to provide a list of such stretches to the Corporation to facilitate prompt repairs.

Justice Ramachandran clarified that the Court's concern was not confined to the carriageway but extended to the entire road infrastructure, of which pedestrian facilities formed an indispensable part.

“The focus of this Court, definitely is on the roads as a whole and the vital component of it is pedestrian area. Though I have propounded, Operation Footpath several years ago no palpable changes have been seen; and unfortunately, even in roads were such stretches have been created, they are occupied by vehicles, including cars and two wheelers, hawkers, street vendors etc.” the Court remarked.

The Court also highlighted the plight of visually impaired persons and other persons with disabilities, observing that unusable or encroached footpaths effectively force them onto roads, exposing them to the risk of serious injury or death. "This has to change and must change fast," the Court said.

Accordingly, the Court directed the Kochi Corporation to prepare a comprehensive protocol governing pedestrian pathways across its jurisdiction, in consultation with the amici curiae, and place it before the Court within one month.

Case Title - C P Ajithkumar v State of Kerala

Case No - WP(C) 32680/ 2008

Counsel for Petitioner - Tom K. Thomas

Counsel for Respondent - Benhur Joseph Manayani, S. Krishnamoorthy CGC, Johnson Manayani, Jomy George, Jeevan Mathew Manayani, Sebastian Thomas, C.M. Suresh Babu, SC - Cochin Corporation, M. K. Thankappan, SC - GCDA, Thomas Antony, Atul Sohan, K. Janardhana Shenoy, SC - Kochi Municipal Corporation, B. G. Bidan Chandran, Lejo Joseph George, A. K. Preetha, B. Arunkumar, Rilgin V. George, G. Hariharan, Praveen H., Anil Kumar, M. Sivaraman, R. Reji (Attingal), Sreeja Sohan K., M.U. Vijayalakshmi (Advocate By Court Order) S. Ramesh Babu, SC - Cochin Corporation, P. Benjamin Paul, SC - Kerala Water Authority

Amici Curie: S. Krishna, S. Vinod Bhat, P. Deepak