Supreme Court has put pedestrians first. Cities must, too, Pg11

Key Highlights:

• The Supreme Court ruled that the right to walk safely on demarcated footpaths is a fundamental right under Article 21 of the Constitution.
• This right must take precedence over the movement of motor vehicles, emphasizing pedestrian safety in urban planning.
• Pedestrian fatalities in India surged by nearly 163% between 2015 and 2024, increasing from 13,894 to 36,526 deaths.
• The judgment criticized the automobile-centric urban planning approach, which often marginalizes pedestrians.
• The ruling stemmed from a road-accident case involving the death of a five-year-old child.

Detailed Insights:

• The Supreme Court's verdict highlights the inequality inherent in urban design that prioritizes vehicles over pedestrians.
• Despite a significant portion of the Indian population walking to work or for public transport, urban development often focuses on wider roads and flyovers.
• Existing footpaths are frequently narrow, damaged, encroached upon, or non-existent, lacking provisions for vulnerable groups like the elderly and children.
• The Motor Vehicles Act, even after amendments, does not explicitly recognize the fundamental right to walk on footpaths or prioritize it over motorized transport.
• Globally, cities like Copenhagen, Bogota, and Kigali demonstrate the benefits of pedestrian-friendly urban models, including reduced pollution and enhanced social interaction.
• A 2019 IITDP study in Chennai showed that new footpaths reduced reliance on motorized transport by 9-27%, cut greenhouse gas emissions, and created economic opportunities.
• The judgment encourages future urban planning in India to adopt an equitable model, especially as new urban centers emerge.

Key Concepts Involved:

• Article 21: Guarantees the fundamental right to protection of life and personal liberty, which the Supreme Court extended to include the right to walk safely.
• Motor Vehicles Act: The primary legislation governing motor vehicles in India, which the Supreme Court noted does not adequately prioritize pedestrian rights.
• Urban Planning: The technical and political process concerned with the development and design of land use and the built environment, including transportation networks.