Are footpaths more than safe spaces?, Pg10

Key Highlights:

• The Supreme Court of India, in the case of Maniyar Iliyaz@Shaik Riyaz versus P. Ayyappan, declared the right to walk on safe and demarcated footpaths as a Fundamental Right.
• The judgment, delivered by Justices P.S. Narasimha and Atul S. Chandurkar on June 19, 2026, asserts that this right takes priority over the movement of motor vehicles.
• The Court emphasized that footpaths are crucial for civilisational advancement and the freedom to walk, not solely for accident prevention.
• It recommended that the government enact a statutory law and establish a regulator to implement and protect this fundamental right.
• The ruling highlighted the neglect of pedestrian infrastructure in urban planning, which often prioritizes motorized transport.

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Detailed Insights:

• The Supreme Court's decision stemmed from a case involving a fatal accident where a five-year-old child was killed due to the absence of a footpath.
• The right to walk is rooted in Article 19(1)(d), guaranteeing freedom of movement, and Article 21, ensuring the right to life and personal liberty.
• The judgment also linked the right to walk to other fundamental freedoms under Article 19, including speech, expression, peaceful assembly, and forming associations.
• The Court observed that the current legal framework, such as the Motor Vehicles Act of 1988, has historically prioritized wheeled transport, often at the expense of pedestrian rights.
• Urban development authorities, municipal corporations, municipalities, and panchayats were identified as duty-bearers responsible for providing and maintaining footpaths.
• The Court likened the deterioration of footpaths due to encroachment and neglect to the concept of the tragedy of the commons.
• It directed its Registry to forward the judgment to relevant Central Ministries and the Law Commission of India to consider drafting a comprehensive legal framework.

Key Concepts Involved:

• Fundamental Right: A basic human right guaranteed by the Constitution, enforceable by courts.
• Statutory Law: Legislation formally enacted by a legislative body, distinct from constitutional provisions.
• Regulator: An independent body tasked with overseeing and enforcing rules and standards in a specific sector.
• Tragedy of the Commons: An economic theory where individuals deplete a shared resource acting in their self-interest.
• Duty-bearers: Entities, typically government bodies, responsible for upholding and protecting rights.
• Article 19(1)(d): Constitutional provision guaranteeing freedom of movement throughout India.
• Article 21: Constitutional provision guaranteeing protection of life and personal liberty.
• Article 39(b): A Directive Principle of State Policy mandating equitable distribution of community material resources for common good.
• Motor Vehicles Act, 1988: An Act of Parliament regulating all aspects of road transport vehicles in India.
• Right to Education Act: Enacted in 2009, based on Article 21A, ensuring free and compulsory education for children aged 6-14.