Right to Live vs. Right of Way: Who Takes Responsibility?

Shimla, Nov. 19 Ritanjali Hastir

Recently, the DC Shimla invited public suggestions to strengthen traffic management in Shimla, highlighting its intent to address growing concerns over pedestrian safety and road congestion.  Street vendors are increasingly blocking newly constructed pedestrian pathways, forcing people to walk on busy roads in a shocking display of disregard for public safety. This blatant violation is occurring right under the very noses of traffic police, raising a critical question:

Who is truly responsible for ensuring pedestrian safety and enforcing rules—the Municipal Corporation (MC) or Traffic Police?

For many pedestrians, pathways represent the right to safe passage, a fundamental aspect of their right to live with dignity. Yet, the reality is often the opposite. Illegal encroachments, commercial stalls, parked vehicles and construction debris routinely block these walkways, creating a dangerous dilemma – step into traffic and risk life or protest in vain. Ironically, this occurs mere meters away from those charged with maintaining order and safety on the streets.

The highlighted examples are of the roads just as you get out of the Tourism Lift or next to the Panchayat Bhawan. The discarded iron pillars have become a perfect haven for the fruit vendors to displays their product while pavements have become a perfect stop for selling snacks. Set a shop continuously for a week and viola you own suddenly own that place, no other vendor would venture into their domain. Try some glib talk of rules and regulations, it is you the pedestrian who will suffer the consequence, hence best advice is to keep quiet. But then, only for how long?

On the one hand the Administration is vying to solve the traffic congestion issues and on the other the implementation of the law has become an alarming issue from all corners. At the heart of the issue also lies a jurisdictional battle between the MC and Traffic Police. When rules are broken, the finger-pointing begins, but meaningful action rarely follows. Should the MC be held accountable for clearing obstructions on footpaths, or is it within the Traffic Police’s mandate to ensure roads and pathways remain clear? The lack of clear accountability leaves citizens helpless, trapped between administrative inefficiency and bureaucratic squabbles.

Blocking pathways is more than a minor inconvenience; it is a violation of the public’s right to safe movement. When people are pushed onto dangerous streets, every pedestrian becomes vulnerable to accidents, pollution and harassment. For women, children and the elderly, the stakes are even higher. How long will citizens tolerate this ‘forced march’ that endangers lives?

The answer cannot lie in half-hearted measures. Strong interdepartmental coordination, a clear delineation of responsibilities, and a no-compromise approach to enforcement are desperately needed. Regular patrolling by both MC staff and Traffic Police, stiff penalties for violators and immediate removal of illegal encroachments must become standard practice.

In the absence of accountability, the public pays the price. Ensuring pedestrians’ right to a safe pathway is not just a matter of convenience; it is about protecting life itself. It is time for those in charge–be it the MC or Traffic Cops–to step up, enforce the rules and respect citizens’ right to safe mobility. The public should not have to wonder which agency is at fault. Instead, they should see both working together to ensure their safety. Until then, we remain at risk, inching closer to the next inevitable tragedy.

Photo Credit Vandana Bhagra