🚶 Right to Walk as a Fundamental Right
Context
The Supreme Court, while hearing a compensation case involving the death of a five-year-old child hit by a tanker lorry in Karnataka, held that the right to walk on footpaths is a fundamental right protected under Article 21 of the Constitution.
Supreme Court's Key Observations
- Walking on safe and accessible footpaths forms an integral part of the Right to Life.
- Rapid motorisation has significantly reduced pedestrian safety and convenience.
- Pedestrians are often treated as obstacles rather than legitimate road users.
- Many Indian cities lack continuous, obstruction-free footpaths.
- Urban planning remains largely vehicle-centric rather than people-centric.
Major Obstacles Faced by Pedestrians
- Encroachments by street vendors.
- Illegal parking on footpaths.
- Utility installations and electric poles.
- Construction debris and waste dumping.
- Road-widening projects reducing pedestrian space.
Implementation Challenges
| Challenge | Explanation |
|---|---|
| Cultural Acceptance | Legal recognition alone cannot transform public behaviour and urban practices. |
| Weak Enforcement | Municipal authorities often fail to remove obstructions and ensure pedestrian safety. |
| Fragmented Governance | Responsibility is divided among multiple laws, agencies and planning bodies. |
| Infrastructure Deficit | Most cities do not provide continuous and accessible pedestrian infrastructure. |
| Limited Impact of Penalties | Fines alone cannot ensure compliance without proper infrastructure. |
Critical Concerns
- The judgment may be used to justify removal of informal economic activities.
- Street vendors and urban poor could face displacement.
- Pedestrian-friendly initiatives should not become instruments of exclusionary urban development.
- A balance is needed between mobility rights and livelihood rights.
Way Forward
- Develop continuous and obstruction-free footpaths.
- Ensure universal accessibility for children, elderly persons and persons with disabilities.
- Strengthen municipal governance and accountability.
- Integrate pedestrian-first planning into urban development strategies.
- Protect both pedestrian mobility and informal livelihoods.
Conclusion
The Supreme Court's recognition of the right to walk as a fundamental right marks a significant shift towards safer and more inclusive cities. However, meaningful realization of this right requires robust pedestrian infrastructure, effective governance, and a balanced approach that safeguards both mobility and livelihoods.