No Country for Pedestrians?

Most Vulnerable and at the Highest Risk

Udit Singh*

Whether we drive a fancy car or are driven around by a chauffeur, all of us become pedestrians at some point. Roads are possibly the most important public spaces in cities, and pedestrians are their largest users1 .However, pedestrians, along with cyclists, are the most vulnerable road users who are at the highest risk on Indian roads. They are mainly exposed to risk when crossing and walking on the road in urban and rural areas alike. According to the official data, in 2022, a total of 32,862 pedestrian road users died in accidents which constitutes almost 20 per cent of total deaths due to road accidents². The proportion was was 18.9 per cent in 2021 and 17.8 per cent in 2020 according to successive Road Accident Reports in India. The data also shows an upward trend which is a marker of our inaction and indifference.

According to a Delhi Police study of 2023, the number of pedestrian deaths in Delhi is as high as 43 per cent of the total deaths due to road accidents³. The number of pedestrian deaths in the national capital increased from 504 in 2021 to 622 in 2023. However, the actual number could be even higher.

What can be the reasons behind such high pedestrian fatalities? According to a scholar who has worked on the issue, the infrastructure in place for road users is skewed against non-motorised transport (NMT). It either pushes pedestrians to the margins of road networks, or even worse, compels them to jostle for space with motor vehicles, thereby exposing them to injury or death⁴. Illegal parking on pavements and usurping the space of pedestrians on roads can be another reason.

But can we ensure better policy-making about pedestrian safety without any defined ‘right to walk’ and its recognition as a fundamental right by the Apex Court? This article provides an insight into the issues related to pedestrian’s right to walk and the problems so far. It argues for upholding the ‘right to walk’ as a fundamental right under Article 21 of the Constitution so that the liability of the state can be assessed for assuring the safety of pedestrians on roads and for robust policymaking in this regard.

“The infrastructure in place for road users is skewed against nonmotorised transport (NMT). It either pushes pedestrians to the margins of road networks, or even worse, compels them to jostle for space with motor vehicles, thereby exposing them to injury or death.”

Legislative Framework

Pedestrians are one of the major road users but have remained a minor player in the legislative framework of the country. Though there are certain provisions under Indian Penal Code 5 and Motor Vehicles Act6 in the context of offences and regulation of motorised traffic, the rights of pedestrians have remained obscure.

Under the Rules of the Road Regulation, 1989 (Regulations 1989), certain obligations are imposed on the driver of a motorised vehicle concerning the pedestrian:

Rule 11 further provides for “Right to Way” which says: “The pedestrians have the right of way at uncontrolled pedestrian crossings. When any road is provided with footpath or cycle track especially for other traffic, except with permission of a police officer in uniform, a driver shall not drive on such footpath or track.”

The Indian Roads Congress (IRC) 2022 (Guidelines for Pedestrian Facilities), provides various planning-level guidelines and design standards for safe pedestrian infrastructure in urban areas. The IRC was set up in 1934 on the recommendations of the Indian Road Development Committee -- better known as the Jayakar Committee – established by the Government of India. For planning and designing a safe and enjoyable pedestrian infrastructure, it emphasised five key principles -- Safety, Security, Continuity, Comfort and Liveability.

Safety: Pedestrians should be protected from motorised vehicles to prevent injuries and fatalities due to crashes. They should be able to walk and cross roads safely irrespective of age, gender and disabilities.

Security: Pedestrians should be protected from crimes while walking. All pedestrians, including women, children and elderly, should feel secure while using the facilities.

Continuity: Pedestrians should be provided with a continuous walking environment without any obstructions. All pedestrians, including persons on wheelchairs, visually impaired persons, caregivers with prams and the elderly, should be able to move seamlessly.

Comfort: Pedestrians should be provided with a well-shaded, well-drained, spacious and clean walking environment. They should feel comfortable while walking, waiting at the bus stop and while sitting.

Liveability: Pedestrians should be provided with a liveable walking environment where they can pause and enjoy the surroundings at their own pace. They should have opportunities to sit, play and socialise.

In addition to IRC guidelines and several Municipal Corporation Acts, documents like the Urban Design Plan Formulation and Implementation (UDPFI) (1996) have suggested standardising pedestrian infrastructure based on traffic patterns. However, these guidelines have largely been ignored by implementing agencies8.The reality on the ground is clearly not at par with available regulations for pedestrian safety

Lack of Pavements

Most Indian cities do not have proper pavements; even in cities where there are pavements, they are either too narrow or too high. Further, the pavements are usually uneven and strewn with obstructions, forcing the pedestrian to walk on the road rather than the pavement.9 In Delhi for example, the Street Design Guidelines, 2009 states that 40 per cent of the total road length of Delhi has no footpaths; roads with footpaths lack in quality in terms of surface, width and geometrics.10 So, the pedestrians are forced to walk on roads, causing a threat to their own life.

IRC guidelines call for footpath design in three different zones, pedestrian/walking zone, frontage/dead zone and multi-utility zone. It recommends that a minimum two-metre-wide walking zone be provided to ensure two wheelchairs can pass each other. It also recommends that a clear height of 2.4 metres from the finished footpath floor level should be maintained in the walking zone as shown in Figure 1.

However, the IRC-recommended space requirement for footpaths is not being uniformly implemented across cities. The footpath is often a luxury in many Indian cities. Roads are congested and sometimes one encounters two-wheelers using the footpath. Footpaths, which are a public good¹¹, are either ill-maintained or taken over by usurpers, encroachers and hawkers. It is difficult to walk safely on such footpaths and people risk walking on roads with moving traffic, as well as rows of illegally parked cars, buses, tempos, etc¹². Also, due to poor construction, water clogging on roads is a reality that at times makes it difficult to reach the footpath, apart from making the traffic come to a standstill¹³. A dangerous practice in some parts of many cities is two-wheelers driving on footpaths to overtake stationary traffic during jams and at traffic signals¹⁴.

It is thus time to rethink and implement policies in adherence to IRC guidelines to build hassle-free footpaths for pedestrian safety.

Parking Issues

Many cities are not designed to accommodate the increasing number of vehicles on the roads. As a result, finding a place to park a vehicle has become a real challenge¹⁵. Due to cars parked on roads, there is often little space for moving cars. This, in turn, leaves no space to walk freely and safely, making it difficult for pedestrians to negotiate the road as the chances of getting hit increase¹⁶.

Filthy Subways & Foot Overbridges

Grade-separated elements such as foot overbridges and subways are supposed to provide a safe walking environment for pedestrians without causing additional congestion¹⁷. However, badly maintained facilities discourage pedestrians from using them. For example, Delhi has over 90 foot overbridges and 40 subways, but several of them are unused as they are either dirty and encroached by drunkards or poorly lit, forcing pedestrians to cross roads with chances of accidents¹⁸. A Delhi Traffic Police study found that users perceive subways and foot overbridges as unsafe, badly lit and unsanitary¹⁹. Several other studies have shown that pedestrians always prefer at-grade or road-level crossing facilities instead of going up and down to cross the road²⁰. For women users, poorly lit pedestrian bridges and subways raise safety concerns, especially after sunset.

In 2023, there was an incident in Delhi in which an IIT student died and another was injured in a road accident as the subway near IIT is closed after 10 pm. Following this, Delhi Minister for PWD, while assuring that the subways will be revamped in Delhi, said: “The situation was such that no person, especially a woman, would ever want to use that subway. It lacked proper lighting, CCTV cameras for security and regular cleaning. Dangling wires overhead posed a safety hazard, and filth and garbage marred the entire space.”²¹

Constructed at a cost ranging from rupees three to five crores, most subways in Delhi are not accessible to all. While the government has provided escalators at most foot overbridges, not all subways have elevators or escalators. This discourages people from using them.22 Often, the escalators provided at foot over bridges are also defunct, rendering them unusable.²³

Fading Crosswalks/ Zebra Crossings

Crosswalks provide a right of way for pedestrians and separate them from vehicular traffic to reduce conflicts. But ironically, these crosswalks record maximum number of pedestrian fatal accidents24. The fading away of markings of these crosswalks on the roads is a major concern for pedestrian safety. In Noida for example, motorists can hardly detect the zebra crossings, halt very close to them or navigate around pedestrians who cross roads haphazardly in the absence of clear markings²⁵.

Zebra crossings and speed-breakers in the city should always be in good working order for the safety of pedestrians as well as vehicle users26. The markings should be repainted periodically as required. A clearly visible zebra crossing is very important for safety and convenience of pedestrians crossing the road.

Pedestrians’ Deaths in Road Accidents

Data shows that in 2022 there has been an increase in death of pedestrians in accidents by 12.7 per cent as compared to 202127. It also reveals that pedestrians constituted almost 20 per cent of total deaths due to road accidents in 2022.

Failing to yield a ‘right to way’ is a major factor in road accidents involving pedestrians. A study done by Bosch Group states that human error (overspeeding, violation of right of way, parked vehicle, walking on roadway, etc.) contributed 91 per cent, lack of infrastructure 63 per cent (no zebra crossing, no pedestrian infrastructure, no paved shoulders, lack of walking facilities, etc.) and vehicle issues 44 per cent (vision obstruction, poor braking etc.) as major factors contributing to pedestrian accidents^28.

The Way Forward

Recognition of the ‘right to walk’ as a fundamental right under Article 21 of the Constitution is the need of the hour. Even though legislation and policies identify certain rights of the pedestrian, they create a very uneven framework. In May 2023, the Punjab Government issued instructions to make footpaths mandatory in all future road expansions and construction of new ones under its ‘Right to Walk’ mandate, after a

direction by the High Court following a petition. There is a need for enactment and implementation of central legislation clearly defining and demarcating the ‘right to walk’ of pedestrians with the required facilities in road infrastructure and duties of the other stakeholders in assuring and securing pedestrian safety.

Endnotes

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