Supreme Court Declares Right To Walk A Fundamental Right

Source: Indian Express
GS II: Indian Constitution- Features, Amendment, Significant Provisions and Basic Structure

Overview

1. News in Brief
2. Key Observations of the Supreme Court
3. Implications for India
4. Challenges
5. Way Forward

Why in the News?

Recently in a landmark judgment, the Supreme Court held that right to walk safely on demarcated footpaths is a fundamental right.

News in Brief

• The Supreme Court in  Maniyar Iliyaz @ Shaik Riyaz versus  P. Ayyappan case, observed that citizens have a right to safe and accessible pedestrian infrastructure, while making these remarks during a road accident case involving the death of a child.
• It emphasized that cities must prioritize pedestrians and not design roads only for motorized vehicles.
• The Court highlighted that walking is a basic mode of transport, but Indian urban planning remains automobile-centric, with poor or encroached footpaths.

Key Observations of the Supreme Court

State of walkability in India

• Walking remains a major mode of transport in India.
• Census data indicate that millions of Indians commute to work on foot.
• Despite this, footpaths are often
  • Broken and poorly maintained.
  • Encroached upon by vendors or parked vehicles.
  • Discontinuous or absent
  • Unsafe for children, elderly persons and persons with disabilities.

Problems with Automobile-centric Planning

• Urban infrastructure projects often focus on wider roads, flyovers, and faster vehicular movements.
• Such development frequently reduces pedestrian space.
• The Court observed that the entire transport ecosystem is dominated by road-based motor vehicles.

Legal Concerns

• The court noted that,
  • Existing provisions under the Motor Vehicles Act prioritize vehicle regulation.
  • There is no explicit recognition of
    • The right to walk on demarcated footpaths
    • Priority for pedestrian movement over motorized traffic.

Significance of walkable cities

• Studies across the world show that walkable cities
  • Reduce pollution and congestion
  • Improve public health
  • Strengthen social interaction and community life
  • Promote economic activity in local areas.
  • Enhance road safety.

International Examples

• Copenhagen (Denmark)
  • Integrated walking and cycling into daily urban mobility
  • Reduced dependence on private vehicles.
• Bogota (Colombia)
  • Developed people-centric transport systems.
  • Improved accessibility and public mobility.
• Kigali (Rwanda)
  • Encouraged pedestrian-friendly urban development
  • Focused on sustainable transport planning.

Implications for India

• India is expected to witness rapid urbanization in coming decades.
• New urban centers are likely to emerge.
• The Supreme Court’s observations provide an opportunity to
  • Design inclusive cities
  • Promote sustainable mobility
  • Avoid mistakes associated with excessive automobile dependence.

Challenges

• Infrastructure deficit
  • Lack of continuous footpaths
  • Poor maintenance of pedestrian facilities
• Encroachments
  • Illegal parking and street encroachments obstruct movement
• Policy Bias
  • Preferences for road expansion and vehicle mobility
• Funding Constraints
  • Limited investment in pedestrian infrastructure.

Way Forward

• Adopt a Pedestrian-First Urban Planning Framework.
• Ensure universal accessibility in city design
• Protect footpaths from encroachments
• Integrate walking, cycling, and public transport.
• Make walkability a key criterion in Smart City and urban development projects.

Key Takeaways

UPSC Prelims Practice Question

Consider the following statements

1. 1. The Supreme Court has recognized safe pedestrian movement on footpaths as part of the Fundamental rights framework.
   2. Maniyar Iliyaz @ Shaik Riyaz versus  P. Ayyappan case is related to Right to walk a fundamental right.
   3. Existing Motor Vehicles Act explicitly prioritize pedestrian movement over motorized traffic.

Which of the above statements are correct?

a) 1and 2 only

b) 2 and3 only

c) 1 and 3 only

d) 1,2 and 3

Answer: a) 1 and 2

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