GS 2: PolityGS 2: GovernanceGS 2: Social JusticePrelims

Reclaiming footpaths, taking cities back from cars, Pg8

Supreme Court upholds walking as fundamental right, mandating states to ensure safe footpaths, transforming urban planning for public health and road safety.

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Key Highlights:

  • The Supreme Court of India declared walking on demarcated footpaths a fundamental constitutional right in June 2026.
  • This ruling was made in the case of Maniyar Iliyaz @ Shaik Riyaz vs P. Ayyappan (2026).
  • The right is protected under Article 19(1)(d) and Article 21 of the Constitution of India.
  • The court directed States and Union Territories to frame policies for the provision and maintenance of safe footpaths.
  • India faces a public health crisis with 49.4% of adults not meeting recommended physical activity levels, contributing to rising metabolic diseases.
  • Pedestrians and two-wheeler riders account for nearly 67% of road fatalities, as per the Union Ministry of Road Transport and Highways report.

Detailed Insights:

  • The Supreme Court of India ruling elevates footpaths from a municipal issue to a matter of constitutional importance, impacting public health, road safety, and democratic urban planning.
  • The World Health Organization (WHO) recommends at least 150 minutes of moderate-intensity physical activity each week for adults.
  • The built environment, particularly the lack of usable footpaths, significantly contributes to sedentary lifestyles and associated health risks like diabetes and hypertension.
  • Footpaths are described as "preventive medicine" that enable safe access to public transport, schools, and markets, promoting physical activity for all citizens.
  • The Union Ministry of Road Transport and Highways (Transport Research Wing) report ‘Road Accidents in India 2024’ underscores the extreme vulnerability of pedestrians and two-wheeler riders on Indian roads.
  • Effective solutions require planned allocation of urban spaces for walking, vending, and parking, moving beyond temporary anti-encroachment drives.
  • Civic bodies must ensure footpaths are continuous, shaded, well-lit, barrier-free, and wide enough for accessibility, with strict enforcement against encroachments.
  • India needs a national active-mobility mission to integrate urban development, transport, health, and education policies.
  • Urban planning should be assessed by the number of safe walking kilometers created, rather than infrastructure like flyovers.

Key Concepts Involved:

  • Fundamental Right to Walk: The constitutional right to use demarcated footpaths, protected under specific articles of the Constitution of India.
  • Article 19(1)(d): Guarantees the right to move freely throughout the territory of India, which the court linked to the right to walk on footpaths.
  • Article 21: Guarantees the right to life and personal liberty, interpreted to include the right to a dignified life and safe environment.
  • Built Environment: The human-made surroundings that provide the setting for human activity, influencing health and lifestyle choices.
  • Active Mobility: Any form of human-powered transport, such as walking or cycling, promoted for health and environmental benefits.
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