Right to Walk: Constitutional Basis, Need, Beneficiaries & Challenges

The Supreme Court recognised walking as a Fundamental Right, reaffirming that safe, inclusive and accessible mobility is integral to dignity and constitutional equality.

About Right to Walk

Meaning: The Right to Walk guarantees every person’s safe, accessible and dignified pedestrian mobility, ensuring equitable public spaces under constitutional rights and equality.

Constitutional Basis of the Right to Walk

Life & Liberty: Articles 21 and 19(1)(d) guarantee safe, dignified and unhindered pedestrian mobility as an essential component of life and free movement.
Equal Access: Article 14 mandates equitable access to roads and public spaces, preventing discrimination against pedestrians in urban planning.
Democratic Spaces: Articles 19(1)(a), (b) and (c) recognise streets as spaces enabling expression, peaceful assembly and social interaction.
Social Welfare: Directive Principles (Articles 38, 39(b), 41 and 47) require the State to ensure inclusive, healthy and equitable pedestrian infrastructure.

Need for Recognising the Right to Walk

Road Safety: India recorded 1.77 lakh road deaths in 2024, with 36,526 pedestrians (20.6%) losing their lives, underscoring the urgent need for safer walking infrastructure.
Planning Bias: Despite pedestrians accounting for one-fifth of road fatalities, urban planning remains vehicle-centric, prioritising highways and flyovers over footpaths and crossings.
Constitutional Duty: Articles 14, 19(1)(d) and 21 obligate the State to ensure safe, equitable and dignified mobility through accessible public infrastructure.
Social Justice: The judgment corrects the “elite capture” of road space by protecting pedestrians, cyclists and public transport users, who are the most vulnerable road users.

Beneficiaries of the Right to Walk

Women & Children: Safe, well-lit streets uphold Articles 14, 15 and 21, ensuring secure mobility, education and recreation.
Elderly & PwDs: Article 41 and the RPwD Act, 2016 mandate barrier-free, universally accessible pedestrian infrastructure for all.
Low-Income Communities: With 70% of urban trips by sustainable modes, safe walking improves affordable mobility, livelihoods and social equity.
Society & Environment: Advancing Articles 21 and 47, walkable cities reduce pollution, improve health, road safety and social inclusion.

Challenges in Realising the Right to Walk

Vehicle-Centric Planning: Roads are designed mainly for cars and flyovers, while pedestrians account for 20.6% of road deaths in 2024.
Unsafe Footpaths: Broken pavements, missing sidewalks, poor lighting, and unsafe crossings make walking difficult and increase the risk of accidents.
Poor Coordination: Municipal bodies, PWDs, traffic police, and utility agencies work in isolation, resulting in poor management of pedestrian infrastructure.
Legal Gaps: India has no dedicated law protecting pedestrian rights, and most road safety guidelines are not legally binding.
Accessibility Issues: Encroachments, illegal parking, utility poles and lack of ramps and tactile paths restrict safe movement for all pedestrians.

Road Ahead: Towards Walkable India

Legislative Reform: Introduce a dedicated Right to Walk law under Articles 21 and 19(1)(d).
Pedestrian Priority: Adopt a “Pedestrians First” hierarchy to protect vulnerable road users.
Walkable Cities: Conduct walkability audits and implement universal accessibility with 15-minute neighbourhood planning.
Municipal Empowerment: Strengthen Urban Local Bodies under the 74^th Constitutional Amendment with funds and accountability.
Smart Mobility: Use AI, GIS, smart crossings & public awareness to achieve Vision Zero road fatalities.

“The true measure of any society is how it treats its most vulnerable.“ Protecting pedestrians builds a safer, equitable and constitutionally just India.

Reference: The Indian Express

PMF IAS Pathfinder for Mains – Question 732

Approach

Introduction: Write a contextual introduction about the right to walk as a fundamental right.
Body: Write about how vehicle-centric urbanisation risks undermining constitutional rights and social justice, and discuss the role of the ‘Right to Walk ‘ and the way forward.
Conclusion: Emphasis on a people-centric approach to strengthen safe, inclusive and constitutionally guaranteed pedestrian mobility.