- Right to Walk has been recognized by the Indian Supreme Court as a fundamental right extending beyond merely walking on demarcated footpaths. It encompasses pedestrian access to safe, inclusive public spaces and street networks that connect homes, workplaces, schools, markets, and transit hubs.
SUPREME COURT JUDGMENT & CONSTITUTIONAL FRAMEWORK-
1.Recent SC Recognition-
- Expanded Interpretation- Right must extend beyond engineering to creating inclusive, culturally-sensitive pedestrian spaces.
- Constitutional Basis- Articles 19(1)(d) & 21 of the Constitution.
- Article 19(1)(d)- Right to move freely throughout India's territory.
- Article 21- Right to life (includes safe, dignified mobility).
2.Legal Interpretation-
- The Court held that-
- Walking is a fundamental right protected by constitutional guarantees.
- Right to walk extends to all pedestrians, not just primary commuters.
- This right encompasses associational rights under Articles 19(1)(b) & 19(1)(c) (freedom of assembly, forming associations).
- Government has duty to ensure pedestrian-safe infrastructure, not just motorist regulation.
PEDESTRIAN RIGHTS FRAMEWORK: KEY DIMENSIONS
1. Right to Safe Access-
- Separated, demarcated footpaths with protection from vehicular traffic.
- Speed calming measures (e.g., speed breakers, narrowed lanes).
- Street lighting for evening/night safety.
- Enforcement against two-wheeler parking on footpaths.
2. Right to Shade & Seating
- Street trees providing shade.
- Benches for rest (especially for elderly, pregnant women, children).
- Bus shelters, public seating areas.
- These are not "luxury" but functional necessities for safe, equitable public space use.
3. Right to Livelihood on Street-
- Informal vendors, hawkers, street traders pedestrians with economic rights.
- Street commerce associational activity (conversations, business interactions).
- Closure interventions (closing off vendors) violate both pedestrian AND livelihood rights.
- Inclusive design: Designated vendor areas, formal-informal hybrid streetscapes.
4. Right to Social Use of Public Space-
- Walking is not just transportation; it's socializing, playing, conducting business.
- Public spaces must support multiple simultaneous uses.
- Excluding certain actors (homeless, vendors, youth) rights denial.
5. Right to Accessible Infrastructure-
- Inclusive design for differently-abled persons.
- Ramps, tactile surfaces, auditory signals (for visually impaired).
- Baby carriage-friendly pavements.
- Functional form follows function: Aesthetics secondary to accessibility.
Way Forward for Urban Policy-
- Reject "Islands of Excellence" -Urban planning must move away from building tiny, premium design-led pockets (e.g., specific re-developed heritage stretches like Chandni Chowk or Aurobindo Marg).
- Network Continuity- Cities require uninterrupted, uniform networks of circulation linking homes to transit hubs, schools, and markets safely.
- Prioritize Vulnerable Hubs- Focus immediate infrastructure budgets on areas with thick pedestrian density: school zones, bus terminals, railway stations, and low-income residential neighborhoods.
- Municipal Integration- Establish a coordinating municipal framework to assemble fragmented public agencies into an integrated urban unit focused on pedestrian dignity.
