Supreme Court Expands Article 21 to Recognise Pedestrian Right on Footpaths – Implications for Urban Policy

Overview The Supreme Court has reaffirmed that walking on demarcated footpaths is a fundamental right under Article 21 . The judgment came while hearing a compensation case for a five‑year‑old boy killed by a tanker lorry in Karnataka. The bench highlighted the growing inconvenience for pedestrians as motorised traffic expands. Key Developments Recognition of the right to walk on footpaths as a constitutional right. Observation that no single national law governs pedestrian safety; responsibilities are fragmented across municipal laws , town‑planning statutes and street‑design guidelines. Identification of systemic problems: encroached footpaths, lack of continuous pathways, and inadequate state investment. Potential clash with the Street Vendors Act 2014 and other rights‑based statutes. Important Facts 1. Pedestrian safety is currently assessed only on the basis of immediate physical harm, not on the availability of safe walking infrastructure. 2. Most Indian cities lack uninterrupted footpaths; where they exist, they are often occupied by parked vehicles, vendors, utilities and construction debris. 3. The Cigarettes and Other Tobacco Products Act 2003 succeeded in reducing public smoking through fines and sustained social messaging, a model the Court suggests could be emulated for pedestrian rights. 4. Despite the Swachh Bharat drive, littering persists because the law focuses on citizen duties while the state often fails to provide adequate waste‑collection facilities. UPSC Relevance The judgment underscores the interplay between constitutional law, urban governance and social policy—core topics for GS Paper II (Polity) and GS Paper III (Economy & Development) . Aspirants should note how judicial activism can reshape policy domains traditionally handled by Urban Local Bodies . The case also illustrates challenges in implementing rights‑based legislation such as the Street Vendors Act 2014 , highlighting the gap between law and ground‑level enforcement. Way Forward Formulate a comprehensive national pedestrian safety law that consolidates responsibilities currently spread across municipal statutes. Allocate dedicated funds for the construction and maintenance of continuous, unobstructed footpaths. Strengthen enforcement mechanisms for existing acts (e.g., Street Vendors Act 2014 ) to prevent ad‑hoc evictions that could undermine pedestrian spaces. Adopt a dual‑approach of legal mandates and public awareness campaigns, similar to the successful anti‑smoking strategy under the Cigarettes and Other Tobacco Products Act 2003 . Ensure state responsibility for waste collection to complement citizen duties under Swachh Bharat , thereby creating a supportive environment for safe walking. Only by coupling constitutional direction with concrete infrastructure investment and robust implementation can the right to walk become a lived reality for all citizens.