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[POLITICS] · India · 2 sources

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Supreme Court of India recognizes right to walk as a fundamental right

The Supreme Court of India has recognized the right to walk as a fundamental constitutional right, emphasizing that safe and unhindered pedestrian movement is essential to human dignity and personal liberty.

The Court noted a growing urban paradox where India's cities, despite a deep cultural reliance on walking, increasingly neglect pedestrians in favor of motorized transport. This neglect has resulted in narrow, obstructed, or absent sidewalks, forcing walkers into congested roadways. To address this, the Court urged city planners to prioritize pedestrian-friendly infrastructure, including wider footpaths, improved street lighting, green zones, and better integration with public transport hubs.

However, the ruling introduces a complex legal intersection with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. While the Court asserts that footpaths must be preserved for pedestrians, the 2014 Act legally recognizes that regulated street vending can occur on sidewalks and footpaths. This creates a regulatory challenge for municipal authorities to balance the constitutional right to unobstructed movement with the statutory right of vendors to earn a livelihood in public spaces.

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India · Supreme Court of India