Supreme Court Footpath Ruling Explained: Why It Matters for Every Indian City
In a historic verdict, the Supreme Court of India has ruled that the right to walk on a marked footpath is a fundamental right, and that walking rights should be preferred over driving. The court has also made it clear that safe and obstacle-free footpaths are a vital component of the right to life and movement guaranteed by the Constitution.
This is considered one of the most important interventions into urban planning and pedestrian safety in recent times, owing to its emphasis on pedestrians over vehicular traffic. This could mean a lot for the millions of Indians who walk to work, schools, markets, buses, and railway stations every day.
What Did the Supreme Court Say?
In its judgment, the Supreme Court held that “walking is not just an amenity but is a fundamental right that is guaranteed by Article 21 of the Constitution”. According to the Court, people have a basic right to walk through the designated footpaths.
Moreover, the bench stressed that the absence of footpaths forces pedestrians to walk on roads, exposing them to the risk of accidents. Hence, the Supreme Court advised the Union Government to make laws regarding the construction of footpaths.
Why the Ruling Is Historic
Indian cities have traditionally been planned to accommodate the needs of motorized transport. Road widths have increased, the number of flyovers has gone up, and traffic planning has catered almost exclusively to drivers. In contrast, pedestrian paths have been left underdeveloped, damaged, encroached upon, or even non-existent.
The decision of the Supreme Court alters the legal perspective as it regards pedestrian facilities as a necessity prescribed by the Constitution and not an extra civic facility. The verdict virtually equates pedestrians’ rights with other fundamental rights guaranteed by the Constitution.
It follows that footpaths cannot be considered secondary infrastructure anymore.
Why It Matters for Every Indian City
The effects of this ruling will go beyond just big cities such as Delhi, Mumbai, Bengaluru, Chennai, or Kolkata.
All cities in India have a problem of some sort in terms of pedestrian infrastructure. In many places, footpaths are taken up by illegal parking, installation of utilities, debris from construction sites, temporary sheds, or commercial encroachment. Thus, people end up walking on the main roads while vehicles speed past.
This court ruling makes it easier for citizens to demand better pedestrian infrastructure through law.
The Problem of Encroachments
One of the most significant considerations of the decision is regarding footpath encroachment.
In cities throughout India, one often finds that the footpaths are rendered unusable owing to the existence of various unauthorized constructions, parking of vehicles, utility box enclosures, advertisements, etc. It has been seen time and again by the Supreme Court that it is very important for the footpaths to be free from any obstruction.
It is now further reinforced that footpaths are meant exclusively for use by pedestrians.
What About Senior Citizens and Persons with Disabilities?
This judgment holds particular importance for senior citizens, children, and people with disabilities.
The Court has always stressed that footpaths must be present and that they must also be inclusive and accessible. Accessible footpaths are useful for wheelchair users, visually impaired persons, senior citizens, and parents pushing prams around cities.
This case has established the fact that accessible footpaths fall under Article 21 of the Constitution.
Could This Change Urban Planning in India?
Urban planners feel that this decision can affect future construction of roads greatly.
Usually, most infrastructure constructions have been planned in a manner that ensures maximum vehicular movement at the maximum. But, the observation made by the court shows that the plans have to be made keeping in mind the provision of pedestrian pathways.
This decision will encourage cities to provide wider footpaths, proper crossing facilities, universal access, and strict penalties for encroachments.
Why Road Safety Experts Are Welcoming the Decision
Pedestrians continue to be the most vulnerable users of the roads in India.
There have been several experts who have stated that improper pedestrian facilities are responsible for causing accidents on the roads. The risk of an accident becomes higher when pedestrians have to walk on the road since sidewalks are either blocked or absent.
The decision taken by the Court recognises this very fact and focuses on pedestrian safety.
What Happens Next?
The real issue lies in the implementation itself. Although the judgement is a landmark in terms of setting a legal precedent, its practicality would depend on how well governments, municipalities, urban planners, and other enforcement agencies implement it.
There are some previous directives issued by the Supreme Court that had required states and Union Territories to come up with guidelines for pedestrians and to take action against footpath encroachments.
Citizens, citizen welfare groups, disabled peoples’ organizations, and others would find the ruling very useful in their demands.
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Conclusion
The Supreme Court’s judgment on the footpath goes far beyond its mere legal statement regarding sidewalks. It is a statement declaring that safety while walking is a constitutional right and that Indian cities have to be designed for human beings and not for vehicles alone.
A successful implementation of this judgment can bring about revolutionary changes in the way mobility occurs in cities, make roads safer and more accessible to millions of pedestrians throughout the country.
One thing that the Supreme Court has clearly conveyed through this judgment is that having a footpath is not a luxury but a basic human right.
