India’s Supreme Court Declares Right to Walk

On June 19, India’s Supreme Court affirmed the right to walk on safe, maintained footpaths as a fundamental right and called for legislation to protect it. The ruling stemmed from a case involving a child’s death after being struck by a truck while walking to school.

The court recognized walking as historically and culturally important in India, prioritizing pedestrian rights over vehicles. However, the judgment raises concerns about how “encroachment” on public land is defined and enforced.

Past legal precedents show authorities often target low-income communities like pavement dwellers while allowing construction on public land by wealthier actors. The author notes a significant spatial inequality, with parking for private cars consuming a disproportionate amount of public space, an average of 23 square meters per car, compared to the land occupied by Delhi’s entire slum population.

The court’s decision necessitates a shift in policy to prioritize pedestrians, enforce parking regulations, and implement pedestrian-friendly urban planning. Failure to address these issues could perpetuate existing inequalities and undermine the newly affirmed right.