Decoupling footpaths from accidents: The Hindu update

Published 21 June 2026 · science

Why is the SC judgment declaring the right to walk on footpaths a significant one? A Bench of Justices P.S. Narasimha and Atul S. Chandurkar

Why is the SC judgment declaring the right to walk on footpaths a significant one? A Bench of Justices P.S. Narasimha and Atul S. Chandurkar has, in its judgment (Maniyar Iliyaz@Shaik Riyaz versus P. Ayyappan), said a footpath’s relevance is more than that of a narrow strip of land where the ‘less-fortunate’ ones take cover from being knocked down by vehicles speeding on multi-lane motorways. Does the judgment disconnect the fundamental right to claim a footpath with routine road accident cases? Justice Narasimha’s judgment divorces the footpath from the theme of motor accidents. The sole objective of a footpath is not to avoid accidents. The pathways have an identity and a greater purpose of their own. The footpath caters to the most essential, the most fundamental of rights — the pleasure of walking. The court said the presence of a broad footpath is a reflection of civilisational advancement and respect for the freedom to walk. The tracks offer the public access to urban spaces through movement by walking. The judgment declared that the right to walk on a comfortable and safe footpath held “priority over movement by motor vehicles”. How does the judgment highlight the tragedy of footpaths as scarce resources cared for by none? In a way, the judgment suggests that footpaths suffer from a situation described in environmental law as the ‘tragedy of the commons’ or the degradation of a precious resource when many individuals use it.

Safe and broad footpaths have become a scarce resource, riddled by encroachments, garbage and pavement trade. Each person who uses it thinks the other would take care of it, until finally, the resource exhausts or disappears. Secondly, the apex court has reasoned that broad footpaths, besides amplifying the beauty of cities, must also enable equitable access to all. Nothing should be done to thwart the public’s free access to common spaces. Justice Narasimha has observed that access to common spaces, in both urban areas and rural areas, should be distributed in such a way that it was “not a monopoly of the motorised class alone”. Article 39(b) of the Constitution mandates that material resources of a community must be distributed so as to sub-serve the common good. Authorities must consider the “common good” of both pedestrians and motor vehicle owner while designing a material resource like land to build roadways. A wide, well-demarcated and uninterrupted footpath could “change the beauty of and equitable access to our cities and towns”. Has walking retained any significance in the Indian imagination? The court pointed out that the act of walking have had diverse roles in the Indian imagination. Walking was a struggle for the not-so-unfortunate, a meditation in motion for many, resistance for others, discovery for the inquisitive, a cohesive strategy for sharp socio-political minds. From the first sparks which ignited the national struggle for freedom to the complexities of modern politics, the idea of walking as a means of expressing an opinion or drawing public attention remains a constant.