When cycle tracks eat footpaths, Chandigarh must act on SC’s walking rights verdict

On June 19, a bench of the Supreme Court comprising justices PS Narasimha and Atul S Chandurkar delivered a judgment that the right to walk on a safe, demarcated footpath flows from Article 19(1)(d) of the Constitution. The provision guarantees freedom of movement, and the Court held that this freedom includes the ability to use properly defined footpaths without obstruction.

The verdict was rendered in a matter concerning the encroachment of cycle tracks onto footpaths in urban areas. By affirming that footpaths are a component of the freedom of movement guaranteed by the Constitution, the bench underscored that any impediment to pedestrian access can be viewed as a violation of fundamental rights.

Chandigarh, like many Indian cities, has seen several cycle tracks built in close proximity to or directly on top of designated footpaths. The practice has raised concerns about pedestrian safety and the practical enforceability of the right to walk unimpeded. The Supreme Court’s ruling signals that municipal authorities must ensure that footpaths remain free of such encroachments, thereby preserving the constitutional guarantee of free movement.

While the judgment does not prescribe specific remedial measures, it reinforces the principle that the state has a duty to maintain public walkways. The Court’s emphasis on the constitutional basis for walking rights adds weight to ongoing discussions about urban planning and the allocation of limited public space.

The decision also aligns with broader trends in Indian jurisprudence where the Supreme Court has increasingly linked fundamental rights to everyday civic amenities. By tying the right to walk to Article 19(1)(d), the Court has provided a legal foothold for citizens seeking to challenge infrastructure projects that compromise pedestrian pathways.

For Chandigarh’s municipal bodies, the ruling serves as a clear directive to review existing cycle track layouts and to take steps that ensure footpaths are fully demarcated and unobstructed. Implementation will likely involve coordination between traffic management, urban development, and civic amenities departments to redesign or relocate sections of cycle tracks that intrude on footpaths.

The judgment does not specify a timeline for compliance, nor does it detail the exact administrative procedures that will be followed. Nevertheless, the legal reasoning provides a basis for citizens to seek redress if footpath encroachments persist, reinforcing the role of the judiciary in safeguarding public rights.

In sum, the Supreme Court’s affirmation that safe, demarcated footpaths are an integral part of the freedom of movement obliges local authorities in Chandigarh to act promptly to remove cycle track encroachments that impede pedestrian access. The ruling brings the city’s urban planning practices into alignment with constitutional guarantees, aiming to enhance safety and mobility for all residents.

Source: Hindustan Times