Tuesday, September 11, 2018

PEDESTRIAN-FRIENDLY CITY FOOTPATHS by BR Sant



                             PEDESTRIAN-FRIENDLY  CITY  FOOTPATHS:
                                       Senior  and  super-senior  citizens  need  them  most
                                                                    
                                                                                By
Professor  B.  R.  Sant
         Chairman,  Management  and  Resource  Development  Foundation (MRDF),  Hyderabad                         [E-mail:  brsant@rediffmail.com]

I.                     Do we have proper footpaths for pedestrians to walk?
                                   “Whether you live in a city or a small town, and whether you drive a car, take the bus,  or ride a train, at some point of the day, everyone is a pedestrian”.  This is universal.  But there is something more to it   According to law,  a pedestrian must walk only on footpaths (also called  sidewalks,  pavements)  not  on  roads.  The senior citizens, the infirm, the women, are the real  sufferers  of  encroached  roads.  Countries like  Brazil, Copenhagen, and many others  pay special attention to make sidewalks vibrant and attractive such that the city dwellers and “tourists” feel,  while walking, more at home, more safe, and more secure.
                                     Just look around  our  cities’ footpaths.  You will find  fruit-vendors, cooking-stations, shop-keepers  inching in every direction, even the house-owners in residential  localities with sloping ramps  and decorative gardens in front of their houses.  But, no one seems to be  complaining!  Why?   At least the civic activists among the pedestrians  Associations of senior citizens  at city, state, and national levels  must protest and demand  pedestrian-friendly footpaths. There  has to be a “movement” with a slogan:   “We want to walk safely, we are pedestrians, we need help, give us encroachment-free-footpaths (EFF), that is our right”.  In the present article, the author has attempted to analyse  the complex issue of restoring city footpaths and providing EFF for pedestrians.

II.                  Roads and pavements are “twins”
                                    Genetically and technically,  roads and pavements are  “twins”  coming up simultaneously from the same source  with  only one difference viz.  that roads are later hard-surfaced for vehicular traffic , while sidewalks are left mostly to their own tragic fate of neglect.  Flanked on 2 sides of  a road, footpaths are twice the length of roads.  Whereas  roads get a  “royal”  treatment,  sidewalks are virtual “orphans” .  As  though  all this is not enough,  footpaths are mercilessly abused, misused, obstacled, and encroached.
                                      EFF is not just a “need”,  it is at the heart of beautiful, cultured, and civilized cities anywhere in the world.  All  parameters  of urban development and growth revolve around EFF.  More importantly, EFF, along with good roads, have a built-in safety against accidents and natural disasters.  EFF is a key to successful  tourism. 

III.       Who are footpath encroachers?
                                      In law,  encroachment  is a crime.  Still, many people, rich and poor,  have a tendency to grab and occupy others’  properties.  It is their greed and selfishness that makes them  “encroachers.”  There are 3 main categories (types) of encroachers.
Category-1:     Street vendors/hawkers/make-shift shop-keepers.  They constitute tea-stalls,  eateries,  products selling like garments, vegetables, fruits.  They are virtual daily-wage-earners with meagre incomes.  They are the   “most-visible  type.
Category-2:     Shop-keepers, small, medium, and some large.  Their encroachment style is extending in small measures their premises  in all directions.  They are generally doing-well businesses.  They are the  partially  visible”  type. 
Category-3:     House and  building-owners.  They  boldly  ‘invade’  into footpath-spaces infront of their houses/buildings by constructing decorative gardens, sloping ramps and steps, tree plantation, mini-parking areas.  They are generally rich, affluent, and influential people of the society. They are the  virtually invisible type”.
                                                                                                                                                                                              IV.     Why  encroachers  continue?

                 Over decades, the malady of pavement encroachments has surpassed all limits and is now a “chronic disease” in all city footpaths.  It was not curbed in the beginning and later  “allowed-to-happen” by city civic authorities.  The temptation to appropriate freely available property with no checks, no supervision, no punishment is perhaps the core reason for continuing encroachments.  Ethics and integrity have not percolated  enough in our ethos.  It is not known ehether the mamool-culture prevails in the footpath world.  However, it is popularly known that any attempt to “clear” footpaths or even to “identify” encroachers is fret with serious socio-political consequences.  Lately, genuine activists, senior citizens, and alert media are raising their voice demanding restoring footpaths mission (RFM)/EFF.
                 However, that is not enough.  Pedestrians especially  senior citizens, must “shake-up”  the corridors of power starting from corporators, to MLAs, to MPs, to Ministers, to PMO, and claim their (pedestrians) right-to-EFF.

V.                    Observations by courts

                              In December 2013, while dealing with a PIL on illegal occupation of pavements, leaving no place for pedestrians to walk, the Andhra Pradesh High Court  ordered that action be initiated under the provision of Land Grabbing Act/criminal law against those encroaching upon city footpaths in  Hyderabad.  Nothing much happened thereafter.   While disposing off an NGO’s PIL in August 2016, the then Supreme Court Chief Justice Mr. T. S. Thakur observed:  “We know footpaths are encroached.  There are so many more human problems.  But our [judiciary’s] capacity to solve problems are limited.  If we give a direction to clear footpaths of encroachments all over India, will it happen?  Hamare  kehene par  kya  Ram  Rajya  aa  jayega  [can we bring in ideal government]?”
                             The present author in his individual capacity made an appeal to National Human Rights Commission (NHRC)  to cover all the Indian cities for RFM/EFF.  They have now asked the Telangana SHRC to examine the issue. The SHRC has sought a report from  District Collector, Hyderabad, and  Commissioner, GHMC, Hyderabad. 

V.                         The New  Strategy  for  RFM/EFF
                            Whenever footpaths encroachment issue is raised officially or unofficially,  strangely enough,  it is the category-1  that is almost always talked about, discussed, and targeted for action (evict and convict).   Our mindset has made hawkers and vendors synonymous with encroachment.  The resultant de-encroachment drives then become socio-politically sensitive.  No sooner the city police and city civic officials commence their work, the local leaders virtually threaten and stop all activity.  Next day, everything is generally quiet and business is as usual.
                        As of now, we have failed to restrain encroachers and to contain  footpath-encroachments.  The menace continues and is hampering development of beautiful and smart cities, nation-wide.  The real victims are the voiceless  pedestrians.  The science of management says  that  when confronted with repeated failures, look for a  “new strategy” .  The  proposed New Strategy for restoring   city foothpaths  to make them encroachment-free  is  briefly described  here:
Homework:     Every city civic body has to meticulously perform their homework in the form of authentic record of footpaths already laid and needed, identify/quantify to an extent possible the footpaths encroached category-wise, and any other useful information/data that will help de-encroachment  campaigns.
Awareness creation and media coverage:        Today,  public and even many officials are not fully aware of the importance of creating EFF,  partly  because they do not know  precisely what constitutes encroachment, who are the encroachers,  what are the laws that regulate “vehicular traffic” on roads and  “pedestrian traffic”  on pavements.  Everyone talks of road safety.  “Safety”  is not just on roads but equally on pavements.  As explained at  # II, roads and pavements are “twins”.  A time has come to  replace  the age-old expression ‘road safety’  by  “road-pavement-safety”, or “road-sidewalk-safety”, or “road-footpath-safety”.  The twins must be treated equally for safe traffic movement.
                  Massive awareness has to be created among different class of people in the official ranks  and in the society.  Those studying civics, public adminstration, civil engineering, social sciences, and urban development must be taught nuances of pedestrian traffic  vis-à-vis  EFF.  The issues  involved in awareness programmes  are  literally life-and-death problems  that too for a large number of  poor and hapless ‘walkers’. 
                  Our elected  representatives and law-makers too have to be updated. City civic bodies, city police, resident welfare groups, and senior citizens councils  have to extensively  organise seminars, get-togethers, and symposia.  The personnel of the implementing organizations have to be given   specialized training  not only in de-encroachment techniques, but also in management  aspects, communication skills, and public relations.
                     Media, both electronic and print, can play a very significant role  in creating  and spreading awareness.  Currently,  media is pedestrian-friendly  and most of the news-paper  dailies highlight with photographs the plight of pedestrians  vis-à-vis  problems associate with damaged footpaths, no footpaths, encroached footpaths  in the context of the dire need of RFM/EFF.
Field-level  de-encroachment operations:    The core of RFM/EFF  is to apply  the New Strategy to deal with all the 3 categories of encroachments.  Such operations have to be necessarily carried out by city’s civic administration with the active help of city police.  RFM  cannot happen by merely issuing a G.O.  The activity is more like an “aggressive marketing”  of a product where the “seller”  must know the psychology of the  “buyer, the encroacher”.  The guilty will always try to find legal loopholes and defend their actions.  Political pressures  have to be resisted.  Top management  must feel convinced, well tuned, and be fully supportive of  RFM/EFF. 
                         Public’s  EFF-literacy  is not enough . The custodians of footpaths  can succeed only if they have done their homework meticulously, are ready with their plans, and  the field-staff  adequately trained.  In practice, prioritization may be necessary  This has been done by the study of the extent  of “harm” [minimum, medium, maximum]  each category of encroacher has caused in the following terms:
Hardship to pedestrians:   Is it for brief periods,  or longer durations, or almost permanent?
Occupation of footpath space:   Is it transient, or temporary, or permanent?
Loss to exchequer:   In terms of notional (land) value of the occupied footpath space
The above study has clearly indicated the overall  extent of harm done by each category of encroachers:
                                                Category-1     --------------------------     Minimum
                                                Category-2     --------------------------     Medium
                                                Category-3     --------------------------     Maximum

VI.                      Will the New Strategy  create  Pedestrian-friendly  Footpaths?
                               All the city corporations/municipalties now have a clear idea of the New Strategy to plan and execute de-encroachment of their city footpaths.  In terms of priority, First is Category-3, Second is Category-2, and  Last is Category-1.  This does not prevent any corporation wanting to tackle all the 3 (or any more) categories simultaneously.  Change is always resisted.  Any new strategy will not get easily accepted  mainly due to traditions, fixed mindset, and apparently visible benefits.  The principal advantages of the New Strategy are:  (i)  well within the scope of present administrative rules and regulations, (ii)  little or no additional funding, and (iii)  psychological.  Uniformity and transparency are the 2 pillars of good governance.  Year after year, for decades, category-1 encroachers have been virtually the sole target of de-encroachment drives and campaigns by civic and police authorities.  The New Strategy  envisages  dealing logically  with categories  3, 2, and 1 in that order.  Once the word goes around  that ‘offenders are offenders’, whosoever they are,  all  the encroachers irrespective of the category, will be at peace and make successive operations more easy, smoother, and more acceptable.
                            The task of de-encroachment of footpaths is gigantic and highly challenging, but not impossible with new management skills, supportive media, and public cooperation. The New Strategy is a fillip to civic and police administration to make  pavements more accessible and friendly to pedestrians, especially the elderly, the disabled, and  the children. RFM/EFF  can be taken up initially as pilot projects in a few select cities.  RFM/EFF is complimentary to Swachh Bharat Mission (SBM) and the 2 together can make  Indian cities in NEW INDIA  more cultured, smarter, beautiful, and liveable.
                                                                                ********                         
NOTE from the blogger: Above is a paper on the topic sent by Prof BR Sant, placed here in my blog for wider publicity. All ideas and authorship belongs to him. Questions / clarifications / comments etc may be placed here or sent to the author at the email address given above. --Vyasamoorthy

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