
IN a landmark ruling, the Supreme Court (SC) has declared that the right to walk on demarcated footpaths is a fundamental right of citizens. It is covered under the right to life and the right to free movement. The SC has observed, “If a road exists, there must then be a duty to ensure that a footpath is maintained for walkers.”
It is the duty of urban development agencies, municipalities and panchayats to demarcate, construct, maintain and safeguard footpaths for pedestrians, according to the apex court. This is perhaps the most unequivocal ruling on the rights of walkers delivered by an Indian court.
The ruling is timely and welcome as it comes at a time when public policies are geared to the development of urban infrastructure – city roads and highways, flyovers, subways and so on. The infrastructure designed for motorised transport is projected as a symbol of development.
On the other hand, creating or improving pedestrian infrastructure is not considered headline-grabbing work. Existing footpaths in Indian cities are hardly walkable. They are broken and obstructed, ill-designed and unfriendly to the elderly and generally unsafe for walkers, as shown by several walkability surveys done in cities and towns by government agencies and civil society groups.
Faulty public policies are to blame for the sorry state of footpaths in Indian cities. The National Urban Transport Policy adopted in 2006 had made a grand declaration that “people occupy centre stage in our cities and all plans would be for their common benefit and well-being.” However, the actions, urban programmes and investments that followed this policy have done the opposite — giving primacy to motorised transport.
The policies continue to address the demand for more and better road space for personal transport vehicles, parking spaces for cars and two-wheelers by encroaching upon space meant for walking, and forcing more people to prefer motor vehicles even to access public transport.
The key reason for the apathy and neglect towards walkers is the lack of dedicated policies to promote walking at the national, state and city levels.
Hardly any Indian city has a walkability plan or a pedestrian policy. Since there are no specific policies, there are no agencies specifically in charge of footpaths or budgetary allocation for pedestrian infrastructure. State agencies like the Roads and Bridges Department, which construct roads, regard developing and maintaining footpaths as the responsibility of the city corporation, and vice versa.
In any case, urban transport involves multiple agencies working at cross-purposes or blaming each other. There are no policy and programmatic linkages between transport planning and walkability. Long-term city master plans often overlook walkability requirements while suggesting high capital-intensive transport plans. Even when funds are allocated, they are used for the construction of badly designed and fancy-looking overhead crossings or foot overbridges.
Wherever pedestrian infrastructure is developed, it is designed with the mindset of car or two-wheeler users. Pedestrians need not traverse the same linear path or take the long routes taken by motor vehicles. This would mean that pedestrian pathways need not be only along roads. For instance, a short pedestrian pathway can be designed to connect two adjoining localities instead of forcing walkers to take the same route as motor vehicles.
Walking is not just a fundamental right of citizens, as defined by the Supreme Court, but also good for human and planetary health. For several years now, the World Health Organisation (WHO) has advocated the health benefits of walking. Physical inactivity and a sedentary lifestyle have been recognised among the key risk factors for a range of non-communicable diseases like diabetes, hypertension, heart disease, stroke and cancer. The WHO prescribes 20-30 minutes of brisk walking, along with cycling, as the best way to remain physically active. Investing in policies to promote walking can also contribute directly to achieving many of the 2030 Sustainable Development Goals (SDGs). For this, the health agency has recommended policy actions to enable and promote walking, cycling and the use of public transport, based on the principles of safe, universal and equitable access by people of all ages and abilities.
Walking is also a form of climate action. A study by the Institute for Transport and Development Policy has shown that improved footpaths and walking infrastructure are a cost-effective means to mitigate greenhouse gas emissions, besides improving public health and saving money for residents.
Anyone using public transport walks at least four times a day, provided safe and adequate walking infrastructure is available. The study, done in Chennai, found that 4,200-12,000 tonnes of carbon dioxide-equivalent greenhouse gas emissions were prevented annually due to improvements in footpaths. This was equivalent to taking 1,000-2,900 cars off the road for one year.
In every discussion on footpaths, the question of encroachment by vendors invariably crops up. The SC as well as the government have dealt with this question in the past. The Court had observed that pedestrians and vendors can co-exist if vending is properly regulated. After all, vendors make available vegetables, fruits and other items of daily use which people can buy while they walk to work or home.
The 2004 National Policy on Urban Street Vendors (amended in 2009) proposed the creation of three zones — restriction-free vending, restricted vending and no-vending on footpaths — taking into consideration factors such as traffic congestion and demand patterns. In addition to street vendors, footpaths are also encroached upon by shopkeepers as an extension of their shops and homeowners for parking and developing gardens on public spaces in residential colonies.
The SC ruling has provided an opportunity to review policies and programmes concerning footpaths and plug the gaps to ensure fair use of road space. The creation and maintenance of pedestrian and cycling infrastructure should receive top priority in Indian cities and towns as well as villages along national highways. It is a matter of public safety, public health, climate and equity.


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