Expansion of Article 21: Pedestrian Rights
The Supreme Court of India has expanded Article 21 to declare the right to walk on demarcated footpaths a fundamental right. This ruling was reaffirmed by Justices P.S. Narasimha and Atul S. Chandurkar in a case involving compensation for a five-year-old boy's death caused by a tanker lorry in Karnataka.
Challenges Faced by Pedestrians
- Motorists often consider pedestrians as a nuisance.
- Lack of a national law specifically governing pedestrian rights.
- Pedestrian safety responsibilities are fragmented across various laws and guidelines.
- Many cities lack continuous and unobstructed footpaths.
- Existing footpaths are frequently encroached upon by parking, vendors, utilities, and construction debris.
Cultural Change and Legal Challenges
While a right to walk is acknowledged, cultural acceptance is necessary for it to be effective. Rights-based legislation in India has had mixed success:
- The Street Vendors Act 2014 aims to protect vendors but faces implementation challenges due to the requirement of surveys and demarcation of vending zones.
- The Cigarettes and Other Tobacco Products Act 2003 successfully reduced public smoking through social messaging and fines, not restitutionary remedies.
State Responsibility and Public Culture
The effectiveness of pedestrian rights depends on state actions:
- Laws need to be matched by state duties, such as building footpaths, to make rights meaningful.
- Without state infrastructure, citizens' rights remain unenforced.
- Efforts to 'cleanse' streets could lead to gentrification, affecting the urban poor negatively.
The Supreme Court's ruling serves as a constitutional nudge, aiming to direct state funds towards developing pedestrian infrastructure, thereby enabling real change.
