Reclaiming footpaths for people
The Indian Supreme Court recently declared the right to walk on well-maintained footpaths a fundamental right, prioritizing pedestrians over motorized vehicles. However, critics warn that the implementation of this ruling could lead to the displacement of street hawkers and the poor, who are often unfairly labeled as encroachers.
Why it matters
This ruling highlights the ongoing tension between urban infrastructure development and the rights of marginalized communities who rely on public spaces for their livelihoods.
O n June 19, the Supreme Court recognised the right to walk on demarcated and well-maintained footpaths as a fundamental right. It directed the government to introduce a law that declares this right and to set up a regulatory body to implement the right. The judgment came in a case involving the death of a five-year-old boy hit by a truck on his way to school.
The judgment acknowledges walking not just as a means of transport but also as a practice with deep historical, social, and political meanings in the Indian context, with a rich tapestry of religious practices and political movements where walking has been central to the country’s social-political lives. Furthermore, the judgment explicitly mentions, “The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle.”
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