Pedestrians and their safety are protected under various provisions of the Motor Vehicles Act, 1988, which prohibit vehicular encroachment on footpaths and pedestrian zones. Sections 201 and 210B empower authorities to prohibit and penalize such encroachments, including illegal parking and vending on footpaths, to ensure pedestrian safety ["2025 0 Supreme(SC) 1773"].
The Act explicitly casts duties on drivers and vehicle riders to ensure the safety of vulnerable road users, including pedestrians. Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017, mandates that drivers take special care to prevent accidents involving pedestrians, cyclists, children, the elderly, and differently-abled persons ["2023 0 Supreme(Ker) 94"].
Section 198A of the Motor Vehicles Act, 1988, inserted by the 2019 Amendment, imposes penalties on authorities or entities failing to maintain road safety standards, which indirectly affects pedestrian safety by ensuring proper road design, construction, and maintenance. Failure to uphold these standards can lead to penal consequences ["2022 0 Supreme(Ker) 837"], ["2022 Supreme(Online)(KER) 47349"], ["2023 Supreme(Online)(Ker) 57299"], ["2023 Supreme(Online)(KER) 25619"], ["2022 Supreme(Online)(KER) 32644"].
The Act also criminalizes violations such as illegal parking on footpaths, which obstructs pedestrian movement and compromises safety, especially for persons with disabilities or reduced mobility. Such violations are punishable under the relevant sections, emphasizing the statutory duty of authorities and drivers to maintain safe pedestrian pathways ["2022 0 Supreme(Ker) 837"], ["2022 Supreme(Online)(KER) 47349"], ["2022 Supreme(Online)(KER) 32644"].
The legal framework includes provisions for compensation and remedies for pedestrians affected by vehicular accidents, with Sections 163A and 166 providing avenues for claimants to seek damages. The courts have clarified that claims under Section 163A or 166 are applicable depending on the case specifics, with an emphasis on negligence and liability of drivers ["2025 0 Supreme(P&H) 188"], ["2023 0 Supreme(All) 1037"], ["2023 0 Supreme(Gau) 175"].
Certain provisions like Section 115 empower authorities to restrict vehicle use, which can be used to protect pedestrian zones, while Sections 129 and 194D, which relate to helmet use, have faced challenges regarding their constitutionality but are generally aimed at vehicle safety, indirectly impacting pedestrian safety ["2023 0 Supreme(HP) 161"], ["2025 Supreme(Online)(Tel) 76147"].
Overall, the Motor Vehicles Act 1988 emphasizes the safety of pedestrians through statutory duties on drivers, penalties for encroachments, and road safety regulations, with specific provisions to prevent vehicular violations on footpaths and pedestrian zones, thus safeguarding pedestrian rights and mobility ["2025 0 Supreme(SC) 1773"] ["2023 0 Supreme(Ker) 94"].
References:- ["2025 0 Supreme(SC) 1773"]- ["2023 0 Supreme(Ker) 94"]- ["2022 0 Supreme(Ker) 837"]- ["2022 Supreme(Online)(KER) 47349"]- ["2023 Supreme(Online)(Ker) 57299"]- ["2023 Supreme(Online)(KER) 25619"]- ["2022 Supreme(Online)(KER) 32644"]- ["2025 0 Supreme(P&H) 188"]- ["2023 0 Supreme(All) 1037"]- ["2023 0 Supreme(Gau) 175"]- ["2025 Supreme(Online)(Tel) 76147"]- ["2023 0 Supreme(HP) 161"]