A step towards dignity and inclusive urban development
Zainab Jahan Ara
In a significant development for constitutional jurisprudence and urban governance, the Supreme Court of India has recognised that the right to walk safely and conveniently on public roads and footpaths is intrinsically linked to the fundamental rights guaranteed under the Constitution. This observation underscores the importance of pedestrian rights in a rapidly urbanising society where public infrastructure often prioritises vehicles over people.
Walking is the most basic and universally accessible mode of transportation. Every citizen, irrespective of age, gender, income, or physical ability, relies on walking at some stage of their daily movement. Yet, in many Indian cities and towns, pedestrians face numerous challenges, including encroached footpaths, poorly maintained walkways, unsafe crossings, and inadequate street lighting. These conditions not only inconvenience citizens but also expose them to serious risks of accidents and injuries.
Constitutional Recognition OfThe Right To Walk
The Supreme Court’s recent pronouncement in S. Rajaseekaran v. Union of India & Others (2026) marks a significant milestone in the evolution of pedestrian rights in India. A Bench comprising Justice P. S. Narasimha and Justice A. S. Chandurkar held that the right to walk safely on demarcated footpaths is a fundamental right flowing from Article 19(1)(d), which guarantees freedom of movement, and Article 21, which protects the right to life and personal liberty.
The Court emphasised that roads are not meant exclusively for motor vehicles and that pedestrians possess an equal, if not greater, claim to public spaces. It observed that the availability of unobstructed, safe, and accessible footpaths is essential for ensuring human dignity, personal safety, and meaningful mobility. The judgment also highlighted the need for disability-friendly infrastructure and directed authorities to prioritise pedestrian welfare in urban planning.
This ruling builds upon the Supreme Court’s expansive interpretation of Article 21 in earlier decisions such as Olga Tellis v. Bombay Municipal Corporation (1985), where the Court recognised that the right to life encompasses the right to live with dignity and includes various rights necessary for meaningful existence. By linking pedestrian mobility with constitutional guarantees, the Court has reaffirmed that access to safe public spaces is not merely an administrative concern but a matter of fundamental rights.
The judgment serves as a reminder that constitutional rights must be reflected in everyday realities. A citizen’s ability to walk safely on roads and footpaths is integral to equality, accessibility, and social inclusion, particularly for children, senior citizens, and persons with disabilities.
The Supreme Court’s recognition of the right to walk as part of the broader framework of fundamental rights draws strength from Article 21 of the Constitution, which guarantees the right to life and personal liberty. Over the years, the judiciary has expansively interpreted Article 21 to include the rights to dignity, health, clean environment, and safe living conditions. Safe pedestrian infrastructure is essential for ensuring these rights. A person cannot fully enjoy life and liberty if basic mobility is compromised.
The judgment also aligns with the principles of equality enshrined under Article 14. Public spaces must be accessible to all citizens, including children, senior citizens, persons with disabilities, and economically weaker sections who may rely heavily on walking. When footpaths are encroached upon or neglected, these groups suffer disproportionately, creating barriers to their participation in public life.
From an urban planning perspective, prioritising pedestrian-friendly infrastructure contributes to sustainable development. Encouraging walking reduces traffic congestion, lowers carbon emissions, and promotes healthier lifestyles. Cities designed for pedestrians tend to be more inclusive, environmentally friendly, and economically vibrant. The Court’s observation, therefore, serves as a reminder that development should focus not merely on expanding roads for vehicles but on creating safe and accessible public spaces for people.
The recognition of pedestrian rights also imposes a greater responsibility on municipal authorities and state governments. Ensuring the availability of unobstructed footpaths, safe crossings, proper lighting, and accessible infrastructure should become a governance priority rather than an afterthought. Effective implementation of these measures is essential to translate constitutional promises into lived realities.
The Supreme Court’s affirmation of the right to walk marks an important step toward a more humane and rights-based approach to urban governance. It reinforces the idea that public spaces belong to everyone and that mobility is a matter of dignity, equality, and constitutional protection. As India continues its journey of urban transformation, safeguarding pedestrian rights will be crucial in building cities that are not only modern but also just and inclusive.
The writer is a law graduate and legal researcher Â
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