The right to walk: A call for a new legal framework in India

Dr Vijay Saigal

The recent Supreme Court judgment declaring the right to walk on safe footpaths a fundamental right marks a watershed moment in Indian jurisprudence. Justice Narasimha's observation that the Motor Vehicles Act, 1988, "had never bothered to recognise the fundamental right to walk" exposes a deep-seated flaw in our legal framework-one that has, for decades, treated human life as incidental to vehicular movement. This ruling is not merely a judicial observation; it is a constitutional mandate for comprehensive legislative reform.

The Flawed Foundation

The Motor Vehicles Act is fundamentally vehicle-centric. It treats pedestrians as obstacles to be avoided rather than as rights-holders entitled to safe passage. This philosophical error has had devastating real-world consequences. According to the Ministry of Road Transport and Highways data, 1,72,890 lives were lost in road accidents in 2023, of which 35,221 were pedestrians-constituting 20.4% of all road fatalities. Pedestrian deaths have risen consistently from 10.44% of total road fatalities in 2016 to 20.4% in 2023, indicating a growing crisis that demands immediate attention. The law's failure to recognise walking as a primary human activity-one that precedes and supersedes motorised movement-has created an environment in which the most vulnerable road users are systematically neglected.

Redefining the Hierarchy

The Supreme Court has established a crucial principle: the right to walk is primary and must take precedence over the movement of motorised vehicles. This reverses the existing hierarchy, placing human dignity and mobility above vehicular convenience. When a person chooses to walk-whether by necessity, choice, or circumstance-their safety must be the paramount consideration. Every road carries an enforceable duty to provide demarcated, well-maintained footpaths. This is not a privilege but a legal obligation of the state. The Court explicitly held that "the fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle".

Immediate Measures: Encroachment Removal and Footpath Restoration

The Supreme Court has consistently emphasised that footpaths must be free from encroachments and properly maintained. In S. Rajaseekaran v. Union of India, the Court directed the Union Government to frame guidelines to ensure footpaths are accessible and usable by all citizens, including persons with disabilities. The Court made it clear that "encroachments on footpaths have to be removed" as a matter of urgency.

Pending the enactment of comprehensive legislation, there exists an immediate and enforceable obligation on all duty-bearers, urban development authorities, municipal corporations, municipalities, and panchayats to take urgent action. The Court has held that State inaction regarding pedestrian infrastructure amounts to a dereliction of constitutional duty, warranting judicial intervention. Therefore, the following measures must be implemented without delay:

First, immediate removal of encroachments. All footpaths must be cleared of unauthorised structures, street vendors, parked vehicles, and other obstructions that force pedestrians onto roads. The Court has directed a phased removal of obstructions from footpaths, with GIS monitoring.

Second, repair and proper maintenance. Existing footpaths must be repaired and brought up to standard, including addressing broken pavement tiles, illegal dumping, and overgrown vegetation that render pathways unusable. Municipal and highway authorities are duty-bound to ensure the construction, maintenance, and safety of pedestrian infrastructure in accordance with statutory mandates and standards laid down by the Indian Roads Congress (IRC).

Third, universal accessibility. Footpaths must be designed to be accessible and usable by persons with disabilities, older people, and children. The Court has mandated that all pedestrian crossings comply with IRC 103-2022 standards.

Fourth, the establishment of grievance mechanisms. Municipal and highway authorities must create online complaint portals for citizens to report encroachments and maintenance lapses. Citizens who suffer injury or loss due to the absence, encroachment, or poor maintenance of footpaths may now have an independent public law remedy against civic authorities, in addition to claims available under motor accident laws.

A Statutory Framework for Walking Rights

What India needs is a dedicated "Right to Walk Act" that moves beyond mere declaration to enforceable implementation. The Supreme Court has urged the Law Commission to examine the formulation of a statutory framework to protect the right, identify duty-bearers, and provide effective remedies. The proposed framework must rest on four essential pillars:

First, a clear legal mandate that explicitly declares walking a fundamental right under Articles 19 and 21 of the Constitution, thereby establishing the supremacy of pedestrian rights over motorised traffic. The Court has already held that the right to walk flows from Article 19(1)(d) read with Articles 19(1)(a), (b), (c), and Article 21. The law must define duty-bearers, urban development authorities, municipal corporations, panchayats, and highway authorities with specific, time-bound obligations.

Second, a dedicated regulatory body with institutional expertise to plan, enforce, and implement the right to walk. The Supreme Court has rightly emphasised that such a regulator would employ domain experts and maintain institutional memory, integrity, transparency, and accountability. Without a full-time regulatory authority, compliance with standards will remain a paper exercise.

Third, mandatory and enforceable design standards based on global best practice. The Indian Road Congress guidelines must become legally binding, specifying minimum footpath widths, obstruction-free zones, continuous networks, and safe crossings. The Court has directed NHAI and road-owning agencies in 50 major cities to audit existing footpaths and prioritise vulnerable areas.

Fourth, strong accountability mechanisms with constitutional remedies. Citizens must be able to approach the High Courts and the Supreme Court directly for violations of their right to walk. The framework should provide civil remedies, compensation for injuries, and provisions for personal accountability of officials for gross negligence resulting in loss of life.

Learning from Global Models

International experience offers valuable templates. The United States' proposed "Safe Streets Act" mandates that federally funded street projects safely accommodate all users, creating a strong legal duty on government agencies. The European Union's Vienna Convention on Road Traffic establishes pedestrians' priority on crosswalks and formally designates footpaths as the space reserved for walking. South Korea's legal approach reinforces the principle that harming pedestrians carries serious consequences, with courts upholding prosecutions even in ambiguous circumstances.

These models share a common principle: "pedestrian safety is not just good governance but a legal obligation", which requires specific statutory backing and enforcement. India's framework can draw on these models while addressing its unique challenges, including rapid urbanisation, high population density, and stark inequality that makes walking a necessity for millions.

The Road Ahead

The Supreme Court has done its part by establishing the constitutional principle and directing that the proceedings be renumbered as "Re: Fundamental Right to Walk and Footpath", effectively converting the matter into a continuing constitutional exercise on pedestrian rights. The responsibility now lies with Parliament, the Law Commission, and the concerned ministries to translate this principle into a robust statutory framework. The Court has directed that a copy of the judgment be forwarded to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways.

Walking is the most fundamental form of human movement, connecting individuals to communities, essential services, and opportunities. It is also the most sustainable and healthiest mode of transport. By legally protecting the right to walk, India would not only save thousands of lives each year but also affirm the deeper truth that 'our cities and roads exist first and foremost for people, not machines.' In a democracy that upholds life as paramount, the safety of every pedestrian is a measure of our commitment to justice, equality, and human dignity.

(The author is Associate Professor, Dept of Law, University of Jammu)