Reclaiming Footpaths in Indian Cities

Introduction

Indian cities have become increasingly vehicle-centric, leaving pedestrians to face unsafe roads, broken footpaths and frequent encroachments. Poor walking infrastructure affects road safety, public health and inclusive urban mobility. Recognising these concerns, the Supreme Court in Maniyar Iliyaz @ Shaik Riyaz v. P. Ayyappan (2026) held that walking on safe footpaths is a Fundamental Right under Articles 19(1)(d) and 21, making pedestrian safety a constitutional responsibility. Reclaiming Footpaths in Indian Cities.

Supreme Court’s Recognition of the Right to Walk

1. Recognition as a Fundamental Right: The Supreme Court held that walking on safe footpaths is protected under Article 19(1)(d) (freedom of movement) and Article 21 (right to life). It recognised pedestrians as equal users of public roads.
2. Judgment Triggered by a 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 roads are redesigned for safe pedestrian movement.
3. Limits of Existing Law: The Court noted that the Motor Vehicles Act, 1988 mainly protects motor vehicles and does not recognise a fundamental Right to Walk. This has weakened the legal protection available to pedestrians.
4. Shift from Vehicle-Centric Planning: The Court criticised the focus on flyovers, expressways and wide roads 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 a constitutional right and not a privilege granted by the State.

Importance of Walkable Cities

1. Protection of Life and Human Dignity: Safe footpaths reduce the risk of accidents and allow citizens to move with dignity. Pedestrian safety therefore becomes a constitutional responsibility rather than only a traffic issue.
2. Improving Public Health: Walking is one of the simplest and lowest-cost ways to reduce diabetes, hypertension, fatty liver disease and obesity. Safe footpaths make regular physical activity possible in daily life.
3. Addressing Physical Inactivity: According to the WHO India Physical Activity Profile 2024, 49.4% of adults, 57.2%of women and 74% of children aged 11–17 years do not meet the recommended level of physical activity. WHOrecommends at least 150 minutes of moderate-intensity physical activity every week for adults.
4. Safer and Inclusive Mobility: Functional footpaths help children reach schools safely, support older persons, improve mobility for women and remove barriers for persons with disabilities. They make public infrastructure accessible to all sections of society.
5. Road Safety Benefits: According to Road Accidents in India 2024, pedestrians and two-wheeler riders together accounted for nearly 67% of road fatalities, with around 1.28 lakh deaths. NCRB 2024 also reported that these vulnerable groups accounted for at least 60% of road deaths.
6. Environmental and Economic Benefits: A 2019 Chennai study found that 9% to 27% of people shifted from motorised transport to walking after new footpaths were built. This reduced greenhouse gas emissions, particulate pollution and transport costs while promoting healthier lifestyles.
7. Strengthening Public Spaces: Well-planned footpaths are more than walking paths. They function as shared public spaces that improve everyday mobility and make cities more people-friendly.

Challenges to Pedestrian Rights

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 accident risks.
2. Vehicle-Centric Urban Planning: Urban development has largely focused on roads for motor vehicles. This approach has treated pedestrians as obstacles instead of rightful road users.
3. Encroachments and Competing Uses: Footpaths are often occupied by parked vehicles, street vendors, debris, open drains and utility structures. At the same time, many homeless people use pavements for shelter, creating competing claims over limited public space.
4. Accessibility Barriers: Poles, trees, potholes and uneven pavements make movement difficult for persons with disabilities, older persons and children. Many footpaths also lack ramps and barrier-free access.
5. Unsafe Walking Environment: Many citizens prefer to walk or use public transport, but the absence of continuous, shaded and well-maintained footpaths discourages active mobility and increases dependence on private vehicles.

Measures to Reclaim Footpaths

1. Strengthen Legal Enforcement: Constitutional recognition alone is not enough. State Governments and municipal bodies should frame enforceable rules and ensure regular maintenance of safe, obstruction-free footpaths.
2. Develop Pedestrian-First Infrastructure: Every road project should include continuous, shaded, well-lit and barrier-free footpaths with safe pedestrian crossings. Footpaths should be wide enough for two people or a wheelchair and include ramps near bus stops.
3. Ensure Fair Management of Public Spaces: Cities should allocate separate spaces for walking, street vending, parking and public utilities. This protects pedestrians while addressing the livelihood needs of street vendors.
4. Improve Urban Design: Roads near schools, hospitals, markets, bus stops and metro stations should receive priority. Trees, benches, public toilets and lighting should be treated as essential pedestrian infrastructure.
5. Launch a National Active Mobility Mission: India should link urban development, transport, health and education to promote walking. Cities should be assessed by the number of safe walking kilometres created rather than only the length of roads or flyovers.
6. Strengthen Municipal Accountability: Municipal Commissioners should publish ward-level footpath maps and annual audits of encroachment-free footpaths to improve transparency and implementation.
7. Promote Active Mobility and Citizen Participation: Citizens should walk for short trips, combine walking with public transport and form community walking groups. Schools, employers and doctors should also encourage walking as part of daily life.

Conclusion

The Supreme Court has transformed safe walking from a municipal concern into a Fundamental Right. Realising this right now requires better planning, effective enforcement and active civic participation. Safe, accessible and encroachment-free footpaths will strengthen public health, road safety and inclusive mobility. The quality of footpaths should become an important measure of constitutional governance and people-centred urban development.

Question for practice:

Examine the significance of reclaiming footpaths in Indian cities for ensuring pedestrian rights, public health and inclusive urban development.

Source: The Hindu