Subject: Current Affairs | Published: 16 November 2025
Right to walk: Supreme Court cements pedestrian rights as a fundamental right
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In a series of landmark orders, culminating in significant directives in October 2025, the Supreme Court of India has decisively established the right to have safe, accessible, and unobstructed footpaths as an intrinsic part of the fundamental right to life under Article 21 of the Constitution. This judicial activism addresses the critical neglect of pedestrian infrastructure in India’s rapidly urbanizing landscape, placing the safety and dignity of those on foot at the forefront of urban governance.
The Court’s orders recognize that for millions, walking is not a choice but a necessity. It has mandated that the design and maintenance of public spaces must prioritize the most vulnerable road users, including the elderly, children, and persons with disabilities.
Fun Fact: The concept of “walkability” is a key indicator of a city’s livability and sustainability. Cities with higher walkability scores often report better public health outcomes, lower carbon emissions, and stronger local economies.
The Supreme Court’s Transformative Directives (2024-2025)
Responding to the alarming rates of pedestrian fatalities, the Supreme Court has issued a comprehensive set of legally binding directions to all States, Union Territories, and civic bodies. These directives aim to create a uniform, high-quality standard for pedestrian infrastructure across the nation.
| Key Directive from the Supreme Court | Mandate and Implication |
|---|---|
| Guaranteed Right to Footpaths | All public roads must have footpaths designed for safe and convenient use. This is not optional but a constitutional guarantee. |
| Universal Accessibility | Footpaths must be fully accessible and usable by persons with disabilities, incorporating features like ramps and tactile paving as per the Rights of Persons with Disabilities Act, 2016. |
| Zero-Tolerance for Encroachments | The removal of all illegal encroachments (e.g., shops, parking, and structures) from footpaths is mandatory to ensure clear passage. |
| Policy & Maintenance Framework | States/UTs must evolve and implement robust policies for the continuous availability and meticulous maintenance of footpaths and footways. |
| Grievance Redressal Mechanism | A new requirement, emphasized in 2025, is the creation of an online portal for citizens to report footpath-related issues, ensuring accountability. |
| Adherence to IRC Standards | The Court has endorsed the Indian Roads Congress (IRC) guidelines (IRC:103-2022) as the benchmark for designing pedestrian facilities. |
Mnemonic for SC Directives: To remember the core mandates, use the acronym “ARM-G”:
- Accessibility for all
- Removal of encroachments
- Maintenance policies
- Grievance redressal
Critical Policy Appraisal
While the Supreme Court’s intervention is a monumental step, its on-ground implementation faces significant hurdles.
| Challenges/Criticisms | Opportunities/Successes/Way Forward |
|---|---|
| Chronic Underfunding: Municipal bodies often lack dedicated budgets for pedestrian infrastructure. | Integrate with National Missions: Link footpath development with the Smart Cities Mission and AMRUT to unlock central funding. |
| Political & Commercial Nexus: Encroachments are often protected by local political and commercial interests, making removal difficult. | Empower Municipal Commissioners: Grant special powers and legal protection to officials for carrying out anti-encroachment drives. |
| Fragmented Governance: Lack of coordination between various civic agencies (e.g., PWD, Water, Electricity) leads to frequent digging and damage. | Unified Metropolitan Transport Authorities: Establish empowered bodies to plan and manage all aspects of urban transport, including pedestrian paths. |
| Lack of Public Awareness: Citizens often resort to parking on footpaths or are indifferent to their obstruction. | Public Awareness Campaigns: Launch “My Footpath, My Right” campaigns to foster a sense of public ownership and responsibility. |
Startling Statistic: According to the Ministry of Road Transport and Highways (MoRTH), pedestrians constitute one of the most vulnerable road user groups, accounting for a staggering number of fatalities in road accidents annually. Provisional data for 2024 continues to highlight this grave risk.
Analytical Lens: UPSC Focus (Mains & Prelims)
Conceptual Basis
The legal backbone of this entire issue is Article 21 (Protection of Life and Personal Liberty) of the Indian Constitution. The Supreme Court has, through progressive interpretation, expanded the meaning of “life” to include the right to a dignified life, which encompasses a safe and healthy environment, and by extension, the right to walk safely.
UPSC Integration: Connecting the Dots
- GS Paper 1 (Indian Society): Urbanization and its problems, challenges for vulnerable sections of society (elderly, disabled).
- GS Paper 2 (Polity & Governance): Fundamental Rights, Judicial Activism, Role of Local Government, Governance issues, Rights of Persons with Disabilities Act, 2016.
- GS Paper 3 (Economy/Infrastructure): Urban Infrastructure, Sustainable Development, Smart Cities Mission.
Expert Analysis: The Path Forward
The Supreme Court’s rulings are not merely about building pavements; they represent a paradigm shift towards inclusive and sustainable urbanism. The long-term impact hinges on the political will of state governments and the administrative capacity of municipal corporations. This topic is highly relevant for UPSC as it intersects governance, social justice, and urban planning. The future policy direction must focus on creating a legal and financial framework that moves beyond tokenism and truly reclaims public spaces for people, not just vehicles.
Prelims Practice Question (MCQ)
Question: The Supreme Court of India has interpreted the ‘Right to Safe Footpaths’ as an implicit part of which Fundamental Right? a) Article 14 (Right to Equality) b) Article 19(1)(d) (Right to move freely throughout the territory of India) c) Article 21 (Right to Life and Personal Liberty) d) Article 32 (Right to Constitutional Remedies)
Answer: (c) Article 21 (Right to Life and Personal Liberty) Explanation: The Supreme Court has repeatedly held that the right to life under Article 21 is not merely about animal existence but includes the right to live with human dignity. This includes having a clean environment and safe public spaces, which logically extends to the right to have safe and accessible footpaths for walking.
Mains Sample Question
Question: “The judicial assertion of the ‘Right to Walk’ as a fundamental right is a critical step, but the real challenge lies in translating this vision into urban reality.” In light of this statement, critically analyze the primary obstacles to creating pedestrian-friendly cities in India and suggest a multi-pronged strategy for effective implementation. (15 Marks, 250 Words)
Mind Map Outline (Revision Structure)
- Right to Walk as a Fundamental Right
- Core Legal Basis:
- Article 21: Protection of Life and Personal Liberty
- Supreme Court’s expansive interpretation (Right to a dignified life)
- Recent Judicial Activism (2024-2025):
- Landmark orders cementing pedestrian rights.
- Focus on vulnerable groups: elderly, children, persons with disabilities.
- Core Legal Basis:
- Key Supreme Court Directives (The “ARM-G” Framework)
- Accessibility:
- Mandatory for all public roads.
- Compliance with Rights of Persons with Disabilities Act, 2016.
- Adherence to IRC:103-2022 standards (e.g., tactile paving, ramps).
- Removal of Encroachments:
- Zero-tolerance policy.
- Mandatory action for all civic bodies.
- Maintenance Policies:
- States/UTs to create robust frameworks.
- Ensuring long-term usability.
- Grievance Redressal:
- Mandatory online portals for citizen complaints.
- Mechanism for accountability.
- Accessibility:
- Policy Analysis & Implementation
- Challenges:
- Financial Constraints (Underfunding in Municipalities).
- Political Will (Encroachment-Lobby Nexus).
- Administrative Hurdles (Fragmented Governance).
- Social Indifference (Lack of Public Awareness).
- Way Forward:
- Financial: Linkage with Central Missions (Smart Cities, AMRUT).
- Administrative: Empowered Municipal Commissioners, Unified Transport Authorities.
- Social: Public awareness campaigns.
- Challenges:
- UPSC Relevance & Linkages
- Inter-Topic Connections:
- GS-1: Urbanization, Society.
- GS-2: Polity, Governance, Social Justice.
- GS-3: Infrastructure, Economy.
- Practice Questions:
- Prelims: Focus on the Constitutional Article (Art. 21).
- Mains: Focus on implementation challenges and policy solutions.
- Inter-Topic Connections: