Our right to walk is broken — just like our footpaths, Pg12

Key Highlights:

• The Supreme Court of India recently recognized the right to walk on safe, demarcated footpaths as a fundamental constitutional right. This ruling stemmed from a compensation plea after a 5-year-old boy was killed by a tanker while walking on the road.
• In 2024, India recorded 36,526 pedestrian fatalities in road accidents, making pedestrians the second most vulnerable group after two-wheeler riders.
• The Road Safety Network's white paper for 2025/2026 indicates that India loses over 1.7 lakh lives annually to road accidents, with pedestrians, cyclists, and two-wheeler riders facing the highest risk.
• City administrators are initiating measures to ensure pedestrian right of way, following the Supreme Court's directive.

Detailed Insights:

• The Supreme Court declared pedestrian safety an integral component of the right to life and personal liberty under Article 21 of the Constitution, also linking it to Article 19(1)(d), which guarantees the right to movement.
• The ruling places a positive obligation on municipal authorities to maintain walkable, encroachment-free footpaths and to conduct comprehensive audits of existing pedestrian infrastructure.
• The Court emphasized that the fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorized vehicles.
• The Motor Vehicles Act, 1988, was deemed inadequate by the Supreme Court, as it primarily focuses on vehicles, with human interests being incidental, prompting a call for dedicated legislation for pedestrian rights.
• Footpaths in many Indian cities are often compromised by traffic congestion, encroachment by commercial establishments, construction materials, parked vehicles, and unauthorized structures, and are frequently misused by two-wheelers.
• The UK's National Health Service (NHS) launched the Movement 26.2 challenge, encouraging adults to walk 20-30 minutes daily for a month to cover a marathon distance, offering rewards to combat physical inactivity, which contributes to one in six deaths in the UK.
• Between 2019 and 2024, over 1.8 lakh pedestrians were killed in road accidents across India. In 2024, pedestrians accounted for 20.6% of all road crash deaths, while two-wheeler riders accounted for 46.2%, with speeding being a major factor in 70.3% of all road deaths.
• The Road Safety Network's white paper recommends a National Road Safety Mission, scientific speed management, stronger enforcement, and better protection for vulnerable road users to achieve a 50% reduction in fatalities by 2030.

Key Concepts Involved:

• Fundamental Right to Walk: The constitutional right of citizens to walk on safe and demarcated footpaths, derived from Article 21 and Article 19(1)(d) of the Indian Constitution.
• Road Safety: A multidisciplinary approach encompassing engineering, enforcement, education, and emergency care to prevent road accidents and minimize their severity.
• Encroachment: The illegal occupation or intrusion onto public property, such as footpaths, by individuals or commercial entities, hindering public access and safety.
• Motor Vehicles Act, 1988: The principal legislation in India that governs all aspects of motor vehicles, including registration, licensing, traffic regulations, and penalties.