SUPREME COURT: CONSTITUTIONAL RIGHTS OF PAVEMENT WALKERS




No matter how expensive a car someone drives, they still have to walk on the footpath at some point or the other. Government statistics show that about 50 percent of the city's population depends on walking. Therefore, it is very important to have good footpaths for people to walk in the big cities of the country


While the irony is that in most of the cities of India, the public has to face a lot of trouble due to the poor condition or lack of footpaths. Not only this, but in the absence of good footpaths, people have to walk on the roads amidst the traffic. As a result, people become victims of accidents, and many even die.


In the year 2022, 32825 pedestrians were killed across the country. In the year 2021, 17113 pedestrians became victims of road accidents, out of which 9462 died. Every fifth person killed in a road accident in 2023 was a pedestrian. According to the data of the Delhi Traffic Police, in just four months in 2025, 184 pedestrians died in road accidents.

 

Recently, the Supreme Court held that the right to walk on footpaths is part of the life and personal liberty of people under Article 21 of the Constitution. The Apex Court also said that footpaths are a constitutional right of the people. The apex court observed while slamming the state and UT governments for the lack of footpaths and encroachments on roads across the country.

 

This comment of the Supreme Court is commendable and welcome. The court has understood the importance of the safety of pedestrians. It has also taken care that the footpaths should be easily accessible even for the disabled. Apart from this, the apex court has also directed the central government to constitute a National Safety Board within six months.

 

At some places, there is no footpath, and at other places, there is a problem with the footpath.

    • Roads were built in many places in the city, but the city council did not permit to making of footpaths. 
    • Encroachment is also one of the reasons. People set up their shops on the sidewalks.
    • Even if a footpath is built, those walking on it have to cross many barriers.
    • At some places, garbage is found, and at other places, concrete is found.
    • Most of the pavements are lined with vehicles or street vendors, and in many places you will even find cattle sitting.
    • It has often been seen that footpaths are not made according to the prescribed standards. It becomes very difficult for people to walk between crowds and traffic.
    • When it comes to making policies regarding transport or road safety, these pedestrians are ignored.

Advocacy for making sidewalks pedestrian-friendly


Advocating for making sidewalks accessible and safe for pedestrians is important because it allows pedestrians to move around the city in a safe and accessible way, making their mobility easier and improving public health. Sidewalks encourage walking, which increases physical activity, which is beneficial for health.

 

In Delhi, a tour company called Delhi by Cycle advocates for making the city's streets more pedestrian-friendly by cycling. They run a variety of campaigns to raise awareness about the importance of walking. This includes walking and talking to politicians.


There are many benefits of building sidewalks.


  • Good sidewalks have a great impact on the environment, economy, people's health, and safety.
  • People who use vehicles like cars or motorcycles will start walking due to the good sidewalks. As a result, greenhouse gases and pollution particles in the air will decrease.
  • People with low wages can also benefit from sidewalks. This is because they can save money by walking.
  • People also have their own needs for using sidewalks.
  • Sidewalks contribute to a more vibrant and connected urban environment. 
  • They facilitate safe and convenient access to buildings, businesses, and public spaces, making it easier for people to navigate the city. 
  • Walking outdoors, as encouraged by sidewalks, can reduce the spread of diseases compared to crowded indoor transportation options.

 

  A good initiative by a group called Walking Project


A group called Walking Project released a manifesto ahead of the Maharashtra Assembly elections in Mumbai. This was done to bring to the public's attention the poor condition of the city's roads and encourage local leaders to take action on the problem.

 

This included several demands such as better parking spaces for vehicles, special areas for people selling goods near the road, wider roads for people to walk safely and footpaths for the convenience of disabled people. This laudable step was taken by Vedant Mhatre, the coordinator of the walking project.

 

Our leaders need to pay as much attention to pedestrian infrastructure as they do to public transport. Too much attention is paid to fixing traffic jams and not to building sidewalks. The central government should make it mandatory for states to follow the guidelines set by the Indian Road Congress, a national organization that sets standards for roads and highways.

 

Cities can also create their own non-motorised transport policies (NMTPs), which will help cities create better infrastructure for pedestrians and cyclists. NMTPs can be tailored to the specific needs and characteristics of a city. 


NMTPs can guide the development of better walking and cycling infrastructure, including bike lanes, pedestrian zones, and safe crossings. In essence, NMTPs offer a powerful tool for cities to create more sustainable, livable, and equitable urban environments by prioritizing walking and cycling. 

 

At present, only a few cities in India have used non-motorised transport policies, but it is time for more cities to move in this direction. Many cities are now focusing on "active mobility," which includes walking and cycling, but dedicated NMT policies are still relatively uncommon. 

 

The development of NMT infrastructure, such as cycle lanes and pedestrian pathways, is crucial for promoting NMT and making it a convenient and safe mode of transport. Realigning planning priorities and promoting NMT in transportation planning is the need of the hour.

 

The Greater Chennai Corporation was one of the first in India to implement an NMT policy, and cities like Mumbai, Delhi, and Bangalore have adopted public bicycle sharing schemes. 

 

 

 

 

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