Walking on wafer thin ice
In a welcome move, BBMP recently initiated a project with an estimated cost of Rs 100 crore aimed at redeveloping traffic junctions to include pedestrian safety design elements including pedestrian crossings, road markings, rumble strips, sidewalks, and speed humps. The delivery of this promise into measurable results remains to be seen.
Although walking is a basic and widely used mode of commuting, the harsh reality is that our roads are unsafe, deadly, and dangerous, and walking conditions are deplorable. Taking to foot on public roads jeopardises safety and, at times, even one’s life. Indian public roads lack friendly pedestrian features and basic amenities, including functional and accessible sidewalks, broad footpaths, illuminated roads, ramps, unobstructed pavements, and adequate signalling.
The abject failure to provide safe pedestrian facilities has a steep human price attached to it. According to the Road Accidents in India Report published by the Ministry of Road Transport and Highways, pedestrian deaths comprised 20% of total road fatalities, and India witnessed a staggering 32,862 pedestrian deaths in 2022. Statistics reveal a clear upward tick in pedestrian casualties, a tragic seal of the general inactivity and apathy displayed towards pedestrian safety.
Pedestrian safety and security are multi-sectoral issues that necessitate the capacity strengthening of all stakeholders. Pedestrians account for a large proportion of road users but have unfortunately been sidelined as a small component in the policy-making framework. There is no central-level legislation governing pedestrian interests, and existing legislation does little in the uphill battle for pedestrian rights. The extant uneven, and obscure statutory framework for pedestrians has done little to safeguard pedestrian rights. While the central spotlight has always shone brightly on motorised road users, pedestrian rights are indirectly covered by fragmented policies and find a mention in passing in regulations. This has a chilling effect on the plights of pedestrians, and as a result, pedestrians are the most vulnerable segment of road users.
Indian courts, however, have, on a number of occasions, stepped in to bridge the gap created by executive inaction. The Supreme Court had noted that citizens have a fundamental right to use roads and other public conveniences provided by the State. The apex court observed, “The main reason for laying out pavements is to ensure that pedestrians are able to go about their daily affairs with a reasonable measure of safety and security. That facility, which has matured into a right for pedestrians, cannot be set at naught by allowing encroachments to be made on pavements.” The Kerala High Court further delved into the discourse of securing pedestrian interests and opined that “developing a pedestrian environment means more than laying down a footpath or installing a signal. A truly viable pedestrian system takes into account both the big picture and the smallest details—from how a city is formed and built to what materials are under our feet.” Remarkably, the Punjab and Haryana High Court treated the right to walk as a fundamental right in an interim order. Subsequently, the Punjab government issued directions for the construction of footpaths on existing roads and for all upcoming road expansion projects.
Although the judiciary has time and again underpinned the importance of pedestrian rights, inadequate legislation and the indifference displayed by the State have placed these ‘rights’ on the backseat. Implementation of a robust central legislative framework in the all-India context that caters to pedestrian rights and the establishment of pedestrian-friendly and universally accessible infrastructure is paramount.
Infrastructure planning and upkeep and the design, management, and maintenance of roads appear to cater much more to the requirements of vehicles than to those of people. Equal consideration ought to be given to pedestrians in urban planning and traffic management projects. At a time when roads have turned into death traps, prioritising pedestrian needs is a fundamental ask. The pedestrian environment ought to be strengthened to accommodate varied road users, ranging from senior citizens to differently-abled people and children. The right to walk without jeopardising one’s own life and safety deserves far more attention. Arguably, the constitutional mandate of the right to life also encapsulates the right to walk safely and freely in public spaces. The State ought to discharge its responsibility to ensure a secure and safe commute for its citizens. Enshrining the overlooked ‘right to walk’ as a fundamental right under Article 21 of the Constitution (right to life and personal liberty) would fasten the State’s responsibility towards pedestrians. The Indian pedestrian, long accustomed to the perils of the road, needs to be better protected.
(The writer is a lawyer)