How the Right to Walk is Integral to Modernity

UPSC Syllabus: Gs Paper 2- Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Introduction

Walking is more than a way of travelling. It represents freedom, dignity, equality and participation in public life. In a landmark judgment, the Supreme Court recognised the Right to Walk safely on demarcated footpaths as a fundamental right under Articles 19(1)(d) and 21, following the death of a child caused by the absence of pedestrian infrastructure. The ruling restores walking as a constitutional right and an essential element of India’s cultural and modern identity.

Constitutional Recognition of the Right to Walk

1. Recognition as a Fundamental Right: The Supreme Court, in Maniyar Iliyaz @ Shaik Riyaz v. P. Ayyappan, held that the Right to Walk on safe footpaths is protected under Article 19(1)(d)(freedom of movement) and Article 21 (right to life). This gives pedestrians an equal constitutional claim over public roads.
2. Judgment Triggered by Preventable Tragedy: The ruling followed the death of a five-year-old child who was hit by a tanker while walking to school because there was no footpath or pedestrian crossing. The Court observed that such accidents will continue unless access to roads is restructured.
3. Limits of Existing Law: The Court noted that the Motor Vehicles Act, 1988 neither recognises nor protects a fundamental right to walk. Instead, it has weakened pedestrian rights by focusing mainly on motor vehicles.
4. Shift from Vehicle-Centric Planning: The Court observed that cities have celebrated flyovers, expressways and large road projects while ignoring pedestrians. It stressed that footpaths should be continuous, safe, accessible, walkable and free from obstruction.
5. Pedestrians Have Equal Rights on Roads: The judgment rejected the idea that roads belong mainly to motor vehicles. It affirmed that walking is not a privilege granted by the State but a constitutional right owed to every citizen.
6. Need for Effective Enforcement: Constitutional recognition alone is not enough. State governments and municipal bodies must frame enforceable laws and ensure that citizens can walk safely without fear or inconvenience.

How the Right to Walk is Integral to Modernity

1. Walking as a Basic Human Freedom: Human freedom is often limited by laws and public regulations, but walking remains one of the simplest ways to exercise personal liberty. The judgment restores this overlooked freedom in everyday life.
2. Walking Encourages Reflection: Walking without a fixed purpose allows the mind to reflect, imagine and organise thoughts. This makes it an important feature of modern life.
3. Walking Challenges Elitist Thinking: The belief that roads mainly belong to vehicle owners reflects an elitist view of public spaces. The judgment rejects this and gives pedestrians an equal constitutional claim over roads.
4. Walking Expands the Meaning of Modern Development: Development should not be measured only by highways and flyovers. Safe footpaths and pedestrian-friendly streets are equally important indicators of a modern and inclusive society.
5. Walking Strengthens Democratic Public Spaces: Roads are shared public spaces where citizens exercise their freedom. Recognising the right to walk connects constitutional rights with everyday life.

Walking in India’s Cultural, Historical and Political Tradition

1. Walking in Indian Literature: Indian literature has long celebrated walking as a symbol of freedom, courage and exploration. Works such as Rabindranath Tagore’s “Ekla Chalo Re” and Jibanananda Das’s “Banalata Sen” reflect this enduring tradition.
2. Walking in Art and National Imagination: Images such as Nandalal Bose’s “Bapuji” and the Gyarah Murti sculpture have shaped the public memory of Mahatma Gandhi as a leader whose ideas were expressed through walking.
3. Walking in India’s Freedom Movement: Walking became a powerful tool of political action through movements such as Gandhi’s Dandi March, Subhash Chandra Bose’s “Delhi Chalo”, and many protest marches before and after Independence. It represented resistance, participation and collective action.
4. Walking in Spiritual Traditions: Walking has deep roots in India’s spiritual history through figures such as Siddhartha, Guru Nanak, Chaitanya and other wandering seekers. It symbolised learning, meditation and the search for truth.
5. Walking in Cultural Traditions: Walking also appears in religious practices and language. Goddess Lakshmi’s footprints in folk rituals and the use of “pada” as a poetic and knowledge unit show that walking has long been part of India’s cultural imagination.
6. Walking as a Shared Civilisational Value: The Court recognised that walking has always influenced India’s culture, society, religion, politics and reform movements. It has represented struggle for the disadvantaged, meditation for seekers, resistance for reformers and discovery for curious minds.

Significance of the Right to Walk

1. Protection of Life and Human Dignity: Safe footpaths reduce the risk of accidents and allow people to move with dignity. The judgment makes pedestrian safety a constitutional responsibility rather than only a traffic issue.
2. Safer and More Inclusive Cities: Functional footpaths benefit children, elderly persons and persons with disabilities, who depend more on safe walking spaces. They make public infrastructure accessible to all sections of society.
3. Environmental and Public Health Benefits: A 2019 study in Chennai found that 9% to 27% of people shifted from motorised transport to walking after new footpaths were built. This reduced greenhouse gas emissions and particulate pollution while encouraging healthier lifestyles.
4. Economic and Social Benefits: Better footpaths created savings and new opportunities for women and lower-income groups. Well-designed pedestrian spaces can support daily mobility without increasing transport costs.
5. Strengthening Public Spaces: Footpaths are more than walking paths. When properly planned and maintained, they can function as vibrant public spaces similar to parks or libraries, making cities more people-friendly.

Challenges in Realising the Right to Walk

1. Poor Pedestrian Infrastructure: Many footpaths are broken, dug up, blocked or end abruptly, forcing pedestrians onto busy roads. The absence of safe crossings further increases the risk of accidents.
2. High Pedestrian Fatalities: More than 1.8 lakh pedestrians died in road crashes between 2019 and 2024, averaging about 30,500 deaths annually. National Highways accounted for nearly 31% of these deaths, while 54% involved collisions with cars and two-wheelers.
3. Uneven Availability of Footpaths: According to the India Status Report on Road Safety, footpath availability ranges from 3% in Jammu and Kashmir to 73% in Maharashtra. States such as Bihar, Haryana and Puducherry continue to have very limited usable pavements.
4. Vehicle-Centric Urban Planning: Urban development has focused mainly on roads for motor vehicles. The Court observed that this approach has pushed pedestrians aside and treated them as obstacles instead of rightful road users.
5. Encroachments and Conflicting Uses: Footpaths are often occupied by street vendors, parked motorcycles, vegetable stalls and other activities. At the same time, many homeless people use pavements for shelter because they feel safer there than in night shelters, creating competing claims over limited public space.
6. Accessibility and Enforcement Gaps: Footpaths often contain poles, trees, potholes and other barriers, making movement difficult for persons with disabilities. Constitutional recognition will have little impact unless municipal bodies enforce standards and maintain pedestrian infrastructure.

Way Forward

1. Develop Continuous and Safe Footpaths: Every road should include continuous, obstruction-free and well-maintained footpaths along with safe pedestrian crossings.
2. Adopt Pedestrian-First Urban Planning: Road projects should give equal importance to pedestrians instead of focusing only on flyovers and expressways.
3. Strengthen Enforcement and Municipal Accountability: State governments and local bodies should frame effective rules and regularly monitor compliance with pedestrian safety standards.
4. Ensure Universal Accessibility: Footpaths should be designed to meet the needs of children, elderly persons and persons with disabilities by removing physical barriers.
5. Balance Walking Rights with Livelihood Needs: Urban planning should protect the right to walkwhile addressing the livelihood concerns of street vendors and the shelter needs of homeless people through better management of public spaces.
6. Recognise Walking as a Public Right: Public policy should treat walking as an essential part of mobility, health, sustainability and constitutional governance rather than as a secondary mode of transport.

Conclusion

The Supreme Court’s judgment recognises that walking is a constitutional right, not a privilege. It connects freedom, dignity, safety and equality with everyday mobility. Protecting this right requires safe infrastructure, effective enforcement and people-centred urban planning, so that every citizen can move freely and securely in public spaces, making cities more inclusive, humane and truly modern.

Question for practice:

Discuss the significance of recognising the Right to Walk as a fundamental right and explain how it is integral to modernity in the Indian context.

Source: The Hindu