The Supreme Court of India has declared that the right to walk on a demarcated footpath is a fundamental right under the Constitution. A bench comprising Justice PS Narasimha and Justice AS Chandurkar stated that this right is integral to the right to movement guaranteed under Article 19(1)(d), along with other freedoms and the right to life under Article 21.
Key Highlights of the Judgment
The court emphasized that the right to walk is inextricably connected to human life and must be protected. It said, "If the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers." The duty bearers include urban development authorities, municipal corporations, municipalities, and panchayats, who must endeavor to construct and safeguard pedestrian infrastructure.
Priority Over Motorized Vehicles
The judgment clarified that the fundamental right to walk takes priority over movement by motorized vehicles. Citizens can invoke constitutional and legal remedies for restitution and compensation if their right to walk on footpaths is violated, independent of remedies under the Motor Vehicles Act, 1988.
Reasonable Restrictions
The court noted that the freedom to walk on footpaths is subject to reasonable restrictions. It ordered that a copy of the judgment be sent to relevant ministries and the Law Commission for consideration of appropriate legislation to define rights, duties, and enforcement mechanisms.
Case Background
The verdict came in a case involving a fatal road accident where a five-year-old child was hit by a tanker while walking to school with his father. The court set aside the high court's order and enhanced compensation to Rs 11.44 lakh, noting the absence of a footpath or pedestrian crossing at the accident site.
Call for a Regulatory Body
The Supreme Court called for establishing a regulatory body to effectuate the fundamental right to walk on demarcated footpaths. Such a regulator would develop institutional memory, employ domain experts, and maintain independence from governmental or industrial control. The court emphasized the need for institutional transparency and accountability.
The bench directed that the matter be converted into a separate proceeding titled 'Re: Fundamental Right to Walk and Footpath' for continued monitoring of pedestrian rights and infrastructure issues.
