Context
In a significant observation, the Supreme Court has recognised that the right of pedestrians to use safe and unobstructed footpaths is an essential part of the Fundamental Right to Life under Article 21 of the Constitution. “Roads are for vehicles” to “Cities are for people.”
For a long time, Indian cities have been designed mainly around vehicles rather than pedestrians.
Broken footpaths, illegal parking, encroachments, construction material and poor urban planning often force people to walk on roads, exposing them to accidents and unsafe conditions.
What Did the Supreme Court Hold?
The Court observed that pedestrians cannot be denied safe walking spaces.
A proper footpath should be:
-
- Accessible
- Safe
- Free from unnecessary obstruction
- Usable by persons with disabilities
The Court also emphasised that the absence of proper footpaths pushes pedestrians onto roads, increasing the risk of accidents.
Constitutional Basis: Article 21
Article 21 — Right to Life and Personal Liberty
The Supreme Court has historically expanded Article 21 beyond mere physical existence.
It now includes:
-
- Right to live with dignity
- Right to health
- Right to clean environment
- Right to livelihood
- Right to safe public spaces
The footpath judgment continues this tradition by linking pedestrian safety with a dignified life.
Evolution of Article 21: Judicial Expansion
1. Maneka Gandhi Case (1978)
The Supreme Court transformed Article 21 by holding that:
Any procedure affecting life or liberty must be:
-
- Fair
- Just
- Reasonable
This created the foundation for a broader interpretation of fundamental rights.
2. Olga Tellis Case (1985)
The Court recognised the right to livelihood as part of Article 21.
It observed that livelihood is connected with the right to life.
Similarly, pedestrian access to public spaces is connected with safe and dignified living.
Why Are Footpaths a Fundamental Issue?
A footpath is not just a piece of concrete.
It performs multiple social functions:
1. Public Safety
Pedestrians are among the most vulnerable road users.
Unsafe walking infrastructure leads to:
-
- Accidents
- Injuries
- Loss of life
2. Inclusive Cities
Good footpaths are essential for:
-
- Elderly people
- Children
- Persons with disabilities
A city without accessible footpaths excludes vulnerable groups.
3. Right to Public Space
Public spaces belong to citizens.
Urban planning cannot only prioritise:
-
- Cars
- High-speed transport
- Commercial interests
It must also protect ordinary citizens.
The Urban Governance Challenge
Indian cities face multiple problems:
1. Encroachment
Footpaths are often occupied by:
-
- Illegal parking
- Temporary structures
- Commercial activities
This reduces pedestrian space.
2. Poor Planning
Many cities expand without proper pedestrian infrastructure.
Road construction often happens without:
-
- Footpaths
- Cycling lanes
- Universal accessibility
3. Implementation Gap
India often has good policies but weak enforcement.
The challenge is converting judicial directions into ground-level governance.
Link with Sustainable Development
The judgment connects with the idea of:
Sustainable Urban Development
Modern cities should promote:
-
- Walkability
- Public transport
- Low-carbon mobility
- Inclusive infrastructure
This aligns with global urban goals, including sustainable cities under SDG-11.
Government Responsibility
The Supreme Court directed governments to frame guidelines for pedestrian safety and proper footpath infrastructure.
This places responsibility on:
-
- Municipal bodies
- Urban development authorities
- State governments
to create citizen-friendly infrastructure.
Challenges Ahead
1. Balancing Rights and Livelihoods
Removing encroachments can affect informal workers who depend on public spaces.
Therefore, governance must balance:
Pedestrian rights + livelihood concerns
2. Maintenance
Building footpaths is not enough.
Need:
-
- Regular repair
- Cleanliness
- Accessibility audits
3. Changing Urban Culture
Cities need a shift from:
Vehicle-centric planning → People-centric planning
Way Forward
1. Complete Streets Approach
Urban roads should include:
-
- Pedestrian paths
- Cycling infrastructure
- Public transport facilities
2. Universal Design
Footpaths should include:
-
- Ramps
- Tactile paths
- Safe crossings
for persons with disabilities.
3. Strong Local Governance
Municipal bodies need:
-
- Better planning
- Enforcement mechanisms
- Citizen participation
Noted. आगे से blogs में international best practices / global examples को relevant जगह पर जरूर include करूँगा — लेकिन सिर्फ वही जो topic को strengthen करें, extra literature नहीं।
आज के पहले blog (Supreme Court – Right to Walk Freely on Footpaths) को इसी approach से improve करते हुए यह section add होना चाहिए था:
Global Best Practices: How the World Builds Pedestrian-Friendly Cities
The recognition of pedestrian rights in India reflects a global shift in urban planning — from vehicle-centric cities to people-centric cities.
Several cities across the world have shown that safe walking infrastructure is not just a transport issue but a question of public health, equality and quality of life.
1. Netherlands: Cycling and Walking as Core Urban Policy
The Netherlands is considered a global model for pedestrian and cycling-friendly infrastructure.
Key practices:
-
- Dedicated cycling lanes separated from vehicles
- Pedestrian-first road design
- Traffic calming measures
- Reduced vehicle speed in residential areas
The idea behind Dutch planning is:
“Streets are public spaces, not only transport corridors.”
This approach has improved:
-
- Road safety
- Public health
- Urban liveability
2. Singapore: Universal Accessibility Model
Singapore has developed a highly integrated pedestrian system.
Important features:
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- Covered walkways connecting residential areas and transport hubs
- Barrier-free access for elderly and disabled persons
- Strict regulation against obstruction of pedestrian paths
Its focus is on:
Accessibility for all citizens
rather than only road efficiency.
3. Copenhagen: Human-Centred Urban Design
Copenhagen transformed itself from a car-dominated city into a pedestrian-friendly urban space.
Major steps:
-
- Expansion of pedestrian zones
- Improvement of public spaces
- Priority to walking and cycling
The city follows the principle:
“First people, then bicycles, then public transport, and finally cars.”
4. Japan: Safety Through Discipline and Design
Japanese cities focus on:
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- Clearly marked pedestrian crossings
- Strict traffic discipline
- Safe school routes
- Well-maintained sidewalks
The emphasis is on reducing conflict between vehicles and pedestrians.
Lessons for India
India can adopt these practices through:
1. Complete Streets Policy
Every road project should include:
-
- Footpaths
- Cycling paths
- Universal accessibility features
2. Pedestrian-Centric Smart Cities
Smart cities should measure success not only by:
-
- Vehicle speed
- Road capacity
but also by:
-
- Walkability index
- Safety
- Accessibility
3. Inclusive Urban Governance
While removing encroachments, authorities must balance:
-
- Right to safe public spaces
- Livelihood concerns of informal workers
Conclusion
The Supreme Court’s recognition of pedestrian rights is not merely about walking; it is about redefining the idea of a democratic city. A constitutional democracy must ensure that every citizen — whether travelling by car or walking on foot — has equal claim over public spaces. A truly developed city is not one where vehicles move fastest, but one where people can move safely.
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