Right to Walk: Supreme Court Recognizes Pedestrian Safety as a Fundamental Right under Article 21

The Supreme Court of India, in a landmark judgment, has elevated the "Right to Walk" on demarcated and well-maintained footpaths to the status of a Fundamental Right under Article 21 of the Constitution. By linking pedestrian safety directly to the Right to Life and Personal Liberty, the apex court has mandated a paradigm shift in urban planning, asserting that the rights of pedestrians must take precedence over motorized vehicle movement.

The Court observed that the current urban landscape often treats pedestrians as secondary citizens, with footpaths either non-existent or heavily encroached upon by vendors, parked vehicles, and unauthorized constructions. This neglect, the Court noted, constitutes a violation of the constitutional guarantee to a safe and dignified life. The ruling emphasizes that "walking is the most basic form of human mobility," and the state has an affirmative duty to provide safe, unobstructed, and accessible spaces for all citizens.

Key directives issued by the Court include the formulation of a National Pedestrian Policy by the Union Government. This policy is intended to standardize pedestrian infrastructure across states, ensuring "universal accessibility" for the elderly and persons with disabilities. Furthermore, the Court directed state governments and municipal bodies to clear all encroachments from existing footpaths within a stipulated timeframe, framing these spaces as "public trusts" that cannot be diverted for other uses.

This judgment is expected to have far-reaching implications for urban governance. It necessitates a move away from car-centric infrastructure—such as excessive road widening at the cost of sidewalks—towards "complete streets" that accommodate all users. For a country like India, which records some of the highest pedestrian fatalities globally, this legal recognition provides a much-needed framework for accountability in urban design and traffic management.