Right of way: On the right to walk on demarcated footpaths

The Supreme Court has declared the right to walk on demarcated footpaths a fundamental right under Article 21, expanding its scope. This judgment, prompted by a child's death, underscores the critical lack of pedestrian safety and infrastructure in India. The article highlights the challenges in implementing rights-based legislation, drawing parallels with the Street Vendors Act 2014 (linked to Article 19(1)(g)), the Cigarettes and Other Tobacco Products Act 2003, and Swachh Bharat mandates. It argues that legal pronouncements alone are insufficient without significant state investment in infrastructure and a cultural shift, warning against potential gentrification and criminalization of the urban poor if the judgment is misused.