Right to walk on footpaths: Behind SC order, surge in pedestrian deaths, Pg9

Key Highlights:

• The Supreme Court of India recognized the right to walk on demarcated footpaths as a fundamental right, prioritizing it over the movement of motor vehicles.
• This landmark ruling was prompted by a significant surge in pedestrian deaths across India, which have more than doubled in the last decade.
• The Court urged the government to introduce a new law to implement this right, ensuring accountability for officials and departments regarding pedestrian safety.
• The judgment stemmed from a case involving the death of a five-year-old boy, who was struck by a tanker while walking to school.
• Pedestrian fatalities now constitute the second-highest share of road deaths in India, after two-wheeler users.

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Detailed Insights:

• Between 2015 and 2024, total road fatalities increased by 21.24%, while pedestrian deaths surged by nearly 163%, rising from 13,894 to 36,526.
• The share of pedestrian deaths in total road fatalities more than doubled from 9.5% to 20.61% during this period.
• Over 1.8 lakh pedestrians were killed in road accidents between 2019 and 2024, averaging over 30,500 deaths annually.
• National Highways accounted for nearly 31% of all pedestrian fatalities between 2019 and 2024, with Tamil Nadu, Bihar, and Maharashtra recording the highest numbers.
• The Supreme Court observed that road infrastructure is overwhelmingly designed for vehicles, undermining the rights of pedestrians despite walking being a basic human activity.
• The Court criticized the Motor Vehicles Act, 1988, stating it primarily focuses on vehicles, treating human interests as incidental.
• The right to walk is integral to Article 21 (Right to Life and Personal Liberty) and Article 19(1)(d) (Right to move freely) of the Constitution.
• The Court also linked the right to walk to Article 19(1)(a), (b), (c), encompassing expressional, congregational, and associational rights.
• Footpaths were identified as "material resources of the community" under Article 39(b), a Directive Principle of State Policy.
• The ruling places an enforceable duty on urban local bodies, including Urban Development Authorities, Municipal Corporations, Municipalities, and Panchayats, to provide and maintain safe footpaths.
• Citizens can now seek constitutional and legal remedies for violations of the right to walk on demarcated footpaths, independent of the Motor Vehicles Act, 1988.
• The Court emphasized the need for a regulatory body to ensure the effective implementation and protection of this fundamental right.

Key Concepts Involved:

• Fundamental Right: Basic human rights enshrined in Part III (Articles 12-35) of the Indian Constitution, guaranteed to all citizens, and enforceable by courts.
• Motor Vehicles Act, 1988: The primary legislation in India governing motor vehicles and regulating road traffic, often criticized for its vehicle-centric approach.
• Article 21: Guarantees the Right to Life and Personal Liberty, interpreted broadly by the Supreme Court to include various aspects of a dignified life.
• Article 19(1)(d): Enshrines the Right to move freely throughout the territory of India, a component of the broader Right to Freedom.