Editorial: Footpath rights and SC ruling

The Supreme Court’s ruling on the right to walk on footpaths to be construed as a part of fundamental rights will empower hapless citizens who have often been neglected by city planners and civic authorities. Due to flawed thinking and lopsided priorities, roads are increasingly being designed for motorists. The landmark judgment, which was timely and widely appreciated, makes it obligatory for authorities to prioritise the building of clearly demarcated footpaths and their regular maintenance.

By declaring the right to walk as a part of constitutionally guaranteed freedoms, the bench comprising Justices PS Narasimha and AS Chandurkar has made it an enforceable right. Now local governments will be duty-bound to build and maintain proper footpaths. Wherever the authorities fail to do so, aggrieved citizens could seek legal remedies and compensation in the unfortunate event of injuries or loss of life. This will be over and above what is allowed under the existing provisions of the Motor Vehicles Act. Lack of awareness could be a major constraint. Moreover, even if citizens are made aware of their rights, few will have the power, motivation and resources to knock on the court doors in pursuit of justice.

This kind of sweeping order is impressive on paper, but getting it implemented often proves to be a daunting challenge. The court directed the registry to share the judgment with the Centre and the Law Commission to consider formulating the required legal framework, besides ordering a separate proceeding beyond the present case to examine the broader issues relating to pedestrian rights, infrastructure deficits, and to enforce accountability.

This is not the first time the Supreme Court has dealt with this issue. For instance, another Division Bench of the apex court had directed the Union Government on August 1, 2025, to frame guidelines to ensure pedestrian safety within four weeks. A couple of months later, the court not only issued elaborate guidelines but also directed the authorities concerned to conduct an audit of footpaths in 50 cities and undertake an assessment of encroachments.

The easiest thing to do for authorities is to ruthlessly remove encroachments, which were being allowed in the past in return for petty bribes. One of the collateral effects will be the loss of livelihood of street and footpath vendors who mostly belong to economically disadvantaged sections and are stuck at the bottom of the class pyramid. In contrast, officials display an abject lack of courage to act against encroachments by large commercial establishments and affluent families. Or, the parking of vehicles on footpaths by the rich and powerful.

As in other domains, there are enough policies, laws and regulations. There is a gaping chasm between laws and their implementation, which is due to a multitude of reasons ranging from callousness and class bias among officials to a lack of financial resources and other hurdles on the ground. States like Tamil Nadu and Kerala have been proactive even before the ruling. Chennai’s Third Master Plan has initiatives to improve walkability and access for all, including the disabled, by developing greenfield pedestrian-friendly environments. But, developing and maintaining barrier-free footpaths in the existing road network requires more than an indomitable will. Lastly, a subtle dig by Congress leader Jairam Ramesh, who asked when the court would declare the right to vote as a fundamental right, would resonate with many citizens who fear disenfranchisement.