General Studies Paper – IV: Ethics, Integrity, and Aptitude.

Context

At the current juncture of history, when environmental activists and conscious citizens are struggling against the state-corporate nexus that is restricting the natural and uninterrupted flow of rivers, at the very same time, the apex court of the country has to remind citizens that walking on pavements is a fundamental right. This is not mere coincidence, but direct evidence of the growing contradictions between the modern development model and civil liberties. Several reasonable restrictions have been imposed by the State on the physical movements of the human body in the name of civilization and law the freedom of touch for hands is limited, there are public hygiene rules, and feet cannot go to every place at whim. In such a situation, where the physical body is shackled by bonds, Rabindranath Tagore's famous song "Kothao Aamar Hariye Jawar Nei Mana Mone Mone" (There is no restriction on getting lost anywhere in one's mind) underlines that unlimited and unobstructed freedom of the human mind which the state cannot control. The Supreme Court's recognition of the right to walk on pavements is indeed a historic attempt to implement this unobstructed freedom of the mind on the physical plane through the feet.

Right to Walk:

The 'Right to Walk' does not merely mean the physical act of moving from one place to another, but defines a citizen's legal claim to use public pathways (especially pavements and pedestrian paths) safely, accessibly, with dignity, and without any disruption.

In the constitutional perspective, it is primarily defined under two articles:

• Article 19(1)(d) (Freedom of Movement): Under this, the right to move freely throughout the territory of India is not limited only to vehicles, but also includes a safe and dignified path for pedestrians.
• Article 21 (Right to Life and Personal Liberty): The right to life does not mean merely maintaining biological existence, but includes a pollution-free environment, physical safety, and mental peace. Safe pavements and pedestrian infrastructure are integral parts of a citizen's health and dignified life.

Reasons for Being in Discussion Currently

Recently, this topic has come to the center of national discourse due to a landmark judgment delivered by the bench of Honorable Justice P.S. Narasimha and Justice A.S. Chandurkar. Making a historic intervention, the court clarified that the rights of pedestrians cannot be ignored in the name of infrastructure development.

The major reasons for this legal intervention are as follows:

• Crisis of Pedestrian Safety: Due to the prioritization of only high-speed vehicles (automobiles) in urban planning, pavements are disappearing, putting the safety of pedestrians at stake.
• Encroachment on Public Properties: Uncontrolled construction and illegal parking on pavements are blocking the natural pathways of citizens.
• Need for Legal Clarity: This decision has legally established that the claim of pedestrian citizens on public pathways is primary and supreme compared to motorized vehicles.

Neo-Capitalist Mindset and Pedestrians:

• A decade ago, in a debate sparked on social media (Facebook) regarding the plight of pedestrians on Indian roads, a comment by a young engineer highlighted the brutal character of the emerging neo-capitalist discourse. The argument given was that "since a pedestrian does not pay road tax, he has no legal claim on the road; he is a burden on the economy like the poor."

• This mindset reflects a flawed model of development that measures citizenship only by 'purchasing power' and 'tax contribution'. The Supreme Court's decision is a severe blow to this consumerist and exclusionary approach. It establishes that public infrastructure is not the property of a specific class, but a democratic shared asset.

Cultural and Literary History of 'Walking' in Indian Consciousness

Somewhere behind this legal decision of the court, India's deep literary and cultural consciousness was at work. Located just five kilometers away from the Supreme Court in New Delhi, Gandhiji's Dandi March (walking) is vibrantly established in Devi Prasad Roy Chowdhury's famous sculpture "Gyarah Murti" (Eleven Statues).

The importance of 'walking' in constitutional and cultural artifacts can be understood through the following points:

• Nandalal Bose's Art: Adorning the original pages of the Indian Constitution, Acharya Nandalal Bose's famous 1930 linocut artwork "Bapuji", in which Gandhiji stands firm leaning on his historic staff, forms the basis of our nation's collective imagination.
• Literary Inspiration: The lines of Jibanananda Das's timeless poem 'Bonalata Sen'—"For thousands of years I have been walking the paths of the earth, from the seas of Ceylon to the waters of Malaya in the darkness of the night"—establish walking as an eternal process of human existence and exploration. Rabindranath Tagore's song "Ekla Chalo Re" calls for the same self-reliance and political resolve of walking alone.
• Political and Spiritual Legacy: India's political history has been shaped by movements like Subhas Chandra Bose's 'Dilli Chalo' and Gandhiji's 'Dandi March'. On the other hand, our spiritual land has been nurtured by the dust of the feet of 'Parivrajakas' (wanderers) and monk-seekers like Siddhartha (Buddha), Guru Nanak, and Chaitanya Mahaprabhu. Even in epistemology and grammar, 'Pada' (Foot) is considered a basic unit of meter and accumulation of knowledge.

'Aimless Walking' as a Symbol of Modernity

In the year 1863, Charles Baudelaire, in his essay "The Painter of Modern Life", imagined a person strolling through the streets of Paris to define modernity. Modernity is not just high-rise buildings or cars, but the freedom to roam the streets without any economic or practical purpose. When a person walks without any pressure, they untangle their self-critical consciousness and the knots of mental stress. The famous philosopher Michel de Certeau wrote in his book 'The Practice of Everyday Life':

"This long poem of walking operates within spatial organizations... it internalizes within them its multi-dimensional social, cultural, and personal contexts. It is like a peddler who, compared to established and mechanical choices, brings along something surprising, different, or attractive."

Analysis

A deep analysis of this entire scenario brings forth three main dimensions:

• Balancing of Rights (Private vs. Public Mobility): This issue is not just about transportation but about urban justice. When the state prioritizes expressways for cars and narrows down pavements, it implicitly violates the fundamental rights of the lower-income class and pedestrians.
• Human Modernity vs. Mechanical Modernity: The ideas of Baudelaire and Michel de Certeau clarify that true modernity lies in liberating humans from mechanical and economic cycles. If a city cannot provide space for its citizens to stroll aimlessly and peacefully, then that city is not modern but an 'economic prison'.
• Judicial Activism and Social Reality: The transformation of the consciousness of art, literature (Tagore, Jibanananda Das), and history (Gandhiji) into a legal right by the Supreme Court shows that law cannot be separated from the cultural soul of society.

Way Forward

To transform the 'Right to Walk' from a paper legal right to a real ground reality, the following corrective steps are needed:

• Inclusive Urban Planning: Pedestrian-friendly infrastructure must be made mandatory in city master plans under the 'National Urban Transport Policy' (NUTP).
• Strict Legal Enforcement: Local bodies and municipal corporations must adopt a zero-tolerance policy to remove encroachments and illegal parking from pavements.
• Right to Walk Act: In light of the court's decision, states should amend their urban development laws to make pavement construction a non-negotiable part of road projects.
• Road Safety Audit: Regular safety audits of all major urban roads should be conducted to ensure whether they are walkable for children, the elderly, and persons with disabilities.

Conclusion

Walking is not merely a means to reach a destination, but it is a living dialogue between a citizen and their city. The dominance of only cars on roads and pushing pedestrians to the margins is a symptom of 'inhuman development'. This decision of the Supreme Court gives legal recognition to the spirit of the line from William Wordsworth's poem "To wander lonely as a cloud". Restoring life as "a long poem" instead of a mechanical race, this decision returns to Indian citizens their lost 'tranquil and effortless modernity'. The ground restoration of this right has become indispensable today for the creation of livable cities globally.