The Supreme Court of India has affirmed the right to walk on footpaths,emphasizing their significance beyond mere safety from traffic. In a ruling by Justices P.S . Narasimha and Atul S. Chandurkar,the court highlighted that footpaths serve a vital role in urban life, representing a civilizational advancement rather than just a refuge for pedestrians from vehicles.
The judgment,stemming from case of Maniyar Iliyaz@Shaik Riyaz versus P. Ayyappan,asserts that footpaths should not be viewed solely through the lens of accident prevention . Instead,they embody the fundamental right to walk, which the court deemed essential for public access to urban spaces. The justices declared that the right to a safe and comfortable footpath takes precedence over vehicular movement .
Justice Narasimha pointed out that the current state of footpaths reflects a “tragedy of the commons,” where these vital resources are neglected, encroached upon,and littered. He noted that footpaths should enhance the beauty of cities while ensuring equitable access for all citizens,not just those with vehicles. The court emphasized that access to common spaces must be fair, rejecting the notion that they should be monopolized by motorized traffic.
The ruling also connects act of walking to broader cultural and historical contexts in India . Walking has been a symbol of resistance,a form of meditation, and a means of expression throughout nation’s history. From fight for independence to contemporary political movements,walking has represented fundamental freedoms, including rights to speech,assembly, and protest.
However,existing laws,particularly the Motor Vehicles Act of 1988, have often prioritized vehicular traffic over pedestrian rights, undermining the safety and comfort of footpaths. Justice Narasimha criticized this trend, labeling it a civilizational issue that places pedestrians at risk in urban environments.
The court also raised concerns about the responsibilities of urban development authorities and local governments,which are tasked with maintaining footpaths for public use. It called for the establishment of a statutory framework to safeguard the right to walk,akin to the Right to Education Act, which provides for free and compulsory education. The court urged the government to create a regulatory body to oversee the implementation of this right,ensuring that footpaths are preserved and maintained for public benefit.
In its directive,the Supreme Court requested that its judgment be forwarded to the Central Ministries and Law Commission of India, highlighting the urgent need for legislative action . The court's ruling not only affirms the right to walk but also seeks to institutionalize protections for pedestrians,ensuring that their rights are recognized and upheld in urban planning and governance.
