21 Jul Reclaiming footpaths, taking cities back from cars

Why in the News?

In June 2026, the Supreme Court of India, in Maniyar Iliyaz & Shaik Riyaz vs P. Ayyappan (2026), held that safe and encroachment-free footpaths are an integral part of the fundamental rights to life and movement under Articles 21 and 19(1)(d) of the Constitution. The judgment has renewed focus on walkability, pedestrian rights, urban planning, and road safety in Indian cities.

Supreme Court’s Landmark Judgment

Recognition of Footpaths as a Fundamental Right

The Supreme Court observed that:

• Safe footpaths are essential for the exercise of the Right to Life (Article 21).
• Citizens have a Right to Move Freely (Article 19(1)(d)), which includes the right to walk safely.
• Encroached or unusable footpaths violate constitutional rights.
• States and Union Territories were directed to formulate policies and guidelines for the construction, maintenance, and protection of pedestrian infrastructure.

Why Walkability Matters

1. Public Health

Walking is one of the simplest and most cost-effective forms of physical activity.

Benefits

• Reduces obesity and lifestyle diseases.
• Improves cardiovascular health.
• Controls diabetes and hypertension.
• Enhances mental health and overall well-being.

WHO Findings

• Nearly 49.4% of Indian adults do not meet recommended physical activity levels.
• Among women, the figure exceeds 57%.
• Around 74% of adolescents (11–17 years) are physically inactive.

2. Road Safety

Pedestrians and two-wheeler riders are among India’s most vulnerable road users.

Key Facts

• The Ministry of Road Transport and Highways’ Road Accidents in India 2024 report found that pedestrians and two-wheeler riders together accounted for nearly 67% of road fatalities.
• NCRB data similarly highlights the high share of deaths among vulnerable road users.
• Absence of continuous footpaths forces pedestrians onto roads, increasing accident risks.

3. Sustainable Urban Mobility

Walkable cities encourage:

• Greater use of public transport.
• Reduced dependence on private vehicles.
• Lower traffic congestion.
• Reduced air pollution and greenhouse gas emissions.
• Inclusive and climate-resilient urban development.

Challenges to Walkability in India

Poor Footpath Infrastructure

• Broken and uneven pavements.
• Open drains.
• Lack of ramps for persons with disabilities.
• Poor lighting.
• Absence of continuous pedestrian pathways.

Encroachments

• Illegal parking on footpaths.
• Street vending without designated spaces.
• Utility installations blocking walkways.
• Construction debris occupying pedestrian space.

Car-Centric Urban Planning

• Priority given to flyovers and wider roads.
• Limited investment in pedestrian-friendly infrastructure.
• Weak enforcement against encroachments.

Policy Recommendations

Improve Pedestrian Infrastructure

• Construct continuous, shaded, well-lit footpaths.
• Ensure barrier-free access for elderly persons and persons with disabilities.
• Provide safe pedestrian crossings near schools, hospitals, bus stops, and metro stations.

Strengthen Urban Planning

• Integrate walkability into city master plans.
• Develop dedicated vending zones while protecting pedestrian movement.
• Promote complete streets that balance the needs of all road users.

Enhance Governance

• Conduct regular audits of footpaths.
• Publish ward-level walkability maps.
• Strictly enforce anti-encroachment measures.
• Improve coordination among municipal bodies.

Promote Active Mobility

• Encourage walking and cycling through awareness campaigns.
• Integrate walking with public transport systems.
• Develop school safety zones and traffic-calming measures.

Constitutional & Legal Provisions

Significance for UPSC

GS Paper II

• Fundamental Rights
• Urban Local Governance
• Supreme Court Judgments
• Constitutional Interpretation

GS Paper III

• Urban Infrastructure
• Road Safety
• Sustainable Development
• Smart Cities
• Public Health

Way Forward

The Supreme Court’s judgment marks a shift from viewing footpaths as mere civic amenities to recognizing them as constitutional guarantees linked to dignity, mobility, and public safety. India must move towards people-centric urban planning by prioritizing safe, accessible, and inclusive pedestrian infrastructure alongside motorized transport. Building walkable cities will improve public health, reduce road fatalities, encourage sustainable mobility, and strengthen the constitutional promise of equal access to public spaces.

UPSC Prelims Practice Question

Q. With reference to pedestrian rights and urban governance in India, consider the following statements:

1. The Supreme Court has held that the right to safe and encroachment-free footpaths forms part of the Right to Life under Article 21.
2. The freedom to move freely throughout the territory of India is guaranteed under Article 19(1)(d) of the Constitution.
3. The 74th Constitutional Amendment exclusively assigns the responsibility for road safety and pedestrian infrastructure to the Union Government.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (a)

Explanation

• Statement 1 is correct: In Maniyar Iliyaz & Shaik Riyaz vs P. Ayyappan (2026), the Supreme Court recognized safe and encroachment-free footpaths as an aspect of the Right to Life (Article 21).
• Statement 2 is correct: Article 19(1)(d) guarantees every citizen the right to move freely throughout the territory of India.
• Statement 3 is incorrect: The 74th Constitutional Amendment empowers Urban Local Bodies (Municipalities) in matters relating to urban planning and civic infrastructure. Responsibility for pedestrian infrastructure is not exclusively vested in the Union Government.

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Ayush Ranjan

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