Supreme Court Recognizes Pedestrian Safety as Fundamental Right Under Article 21
Contents4
Indian Express - Opinion · 24 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Governance High relevance
The Supreme Court ruled that the right to walk safely on demarcated footpaths is a fundamental right under Article 21, highlighting the need for pedestrian-centric urban planning amidst rising pedestrian fatalities.
Key points
Article 21: The Supreme Court expanded the scope of Article 21 (Right to Life and Personal Liberty) to include the right to walk safely on footpaths, emphasizing its precedence over motor vehicle movement.
Pedestrian fatalities: Road fatalities among pedestrians surged by 163% between 2015 and 2024, from 13,894 to 36,526 deaths, underscoring the urgency of pedestrian safety measures.
Urban planning bias: The Court criticized the automobile-centric urban development model, which marginalizes pedestrians despite 4 crore Indians walking to work daily, as per Census data.
Motor Vehicles Act: The Court noted the Act's failure to recognize pedestrian rights, even after amendments, highlighting systemic neglect of non-motorized transport in legal frameworks.
[GS3-Environment] Walkable cities reduce pollution and congestion, as evidenced by Chennai's footpath construction, which cut motorized transport use by 9-27% and lowered emissions.
[GS2-Governance] The verdict calls for equitable urban mobility policies, addressing elitism in transportation planning and ensuring accessibility for all, including the elderly and disabled.
Global examples: Cities like Copenhagen and Bogotá demonstrate the benefits of pedestrian-friendly designs, which enhance livability, social interaction, and economic activity.
Way Forward: India should amend the Motor Vehicles Act to prioritize pedestrian rights, enforce strict encroachment removal on footpaths, and integrate walkability into Smart Cities Mission guidelines.
Key terms
- Article 21
- Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty. The Supreme Court has interpreted it to include various ancillary rights, such as the right to a clean environment, privacy, and now, pedestrian safety. This judicial expansion reinforces the state's obligation to ensure dignified living conditions.
- Motor Vehicles Act
- The Motor Vehicles Act, 1988, regulates road transport in India, covering vehicle registration, licensing, and traffic rules. Despite amendments, it remains skewed toward motorized transport, neglecting pedestrian and non-motorized vehicle rights, as highlighted by the Supreme Court.
- Walkable Cities
- Urban areas designed to prioritize pedestrian movement through wide footpaths, safe crossings, and reduced vehicular dominance. Such cities improve livability, reduce pollution, and promote social equity, aligning with sustainable development goals (SDGs 11 and 13).
- Urban Mobility
- The efficiency and inclusivity of movement within cities, encompassing public transport, pedestrian pathways, and cycling infrastructure. Equitable urban mobility is critical for reducing socio-economic disparities and achieving SDG 11 (Sustainable Cities and Communities).
Practice question
The Supreme Court's recognition of pedestrian safety as a fundamental right under Article 21 highlights the need for pedestrian-centric urban planning. Discuss the implications of this judgment for urban governance and sustainable development in India. (250 words, 15 marks)
GS2 15 marks 250 words Mains
Key terms to include: Article 21 Motor Vehicles Act Walkable Cities Urban Mobility Sustainable Development Goals (SDGs) Smart Cities Mission Equitable Urban Planning Pedestrian-centric Infrastructure
Answer framework
Introduction
Briefly introduce the Supreme Court's judgment linking pedestrian safety to Article 21, emphasizing its significance in redefining urban governance and sustainable development priorities.
Legal and Constitutional Implications
Expansion of Article 21 to include pedestrian safety, reinforcing the state's duty to ensure safe infrastructure.
Critique of the Motor Vehicles Act's neglect of pedestrian rights, calling for legislative reforms.
Urban Governance Challenges
Automobile-centric planning leading to marginalization of pedestrians, especially vulnerable groups.
Need for equitable urban mobility policies, integrating walkability into Smart Cities Mission.
Sustainable Development Benefits
Reduction in pollution and congestion through walkable cities, aligning with SDGs 11 and 13.
Economic and social benefits, as seen in global examples like Copenhagen and Bogotá.
Implementation Roadblocks
Encroachment on footpaths and lack of enforcement mechanisms.
Resistance from motor-centric lobbies and inadequate funding for pedestrian infrastructure.
Conclusion
Suggest a balanced approach: legislative amendments, strict enforcement, and public awareness to realize the judgment's vision, ensuring inclusive and sustainable urban growth.
Fact check
Issues found Overall severity: medium
Road fatalities among pedestrians surged by 163% between 2015 and 2024, from 13,894 to 36,526 deaths, underscoring the urgency of pedestrian safety measures.
The source text mentions a 163% increase in pedestrian fatalities between 2015 and 2024, but does not provide the exact figures of 13,894 to 36,526 deaths. Severity: medium
Walkable cities reduce pollution and congestion, as evidenced by Chennai's footpath construction, which cut motorized transport use by 9-27% and lowered emissions.
The source text mentions a 2019 ITDP study about Chennai's footpath construction reducing motorized transport use by 9 to 27%, but does not explicitly state that emissions were lowered. Severity: low