Right to Walk as a Fundamental Right: Article 21, Street Vendors, and Inclusive Urban Planning

Expanding the scope of Article 21 (Right to Life), the Supreme Court has recognized the right to walk on footpaths as a fundamental right. This ruling highlights the challenge of balancing pedestrian safety with the livelihoods of street vendors in India’s urban spaces.

Judicial Reaffirmation

• Landmark ruling: Supreme Court Bench (Justices P.S. Narasimha & Atul S. Chandurkar) upheld pedestrian rights in a case involving a child’s death in Karnataka.

• Motorization bias: Court criticized the tendency to treat pedestrians as “nuisances” rather than equal road users.

• Fragmented responsibility: No uniform national law; pedestrian safety governed by scattered municipal statutes.

• Minimal standards: Current frameworks focus only on avoiding immediate harm, ignoring dignity and continuity of walking networks.

Constitutional Conflict

• Article 21: Right to free passage for pedestrians.

• Article 19(1)(g): Right to livelihood for street vendors.

• Street Vendors Act, 2014: Mandates Town Vending Committees (TVCs) to designate vending zones.

• Implementation failure: Municipalities often neglect surveys, leading to eviction drives, rent-seeking, and exclusionary gentrification.

Comparative Policy Lessons

• COTPA 2003: Reduced smoking through awareness and small fines, not just judicial remedies.

• Swachh Bharat: Anti-littering laws failed due to weak state infrastructure for waste collection.

• Parallel: Pedestrian rights remain hollow without investment in continuous, safe footpaths.

Inclusive Urban Planning

• Beyond “encroacher” narrative: Vendors must be integrated into urban design.

• PM SVANidhi scheme: Recognizes vendors as part of urban retail, offering collateral-free loans.

• Infrastructure focus: States must allocate funds for barrier-free walkways alongside organized vending zones.

Conclusion

The Supreme Court’s recognition of the right to walk must not become a pretext for displacing the urban poor. True pedestrian safety requires inclusive urban planning—continuous footpaths, empowered Town Vending Committees, and integration of street vendors into city design. Balancing right to passage with right to livelihood is essential for equitable and vibrant public spaces.