The Supreme Court delivered a landmark verdict on Friday, declaring that the right to walk on a designated footpath is a fundamental right and takes precedence over vehicular movement. A bench comprising Justices PS Narasimha and AS Chandurkar made this observation while adjudicating a motor accident compensation case involving a father who lost his five-year-old son while walking him to school.
Constitutional Basis
According to PTI, the bench stated: "The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1)(b), Article 19(1)(c) and Article 21 of the Constitution of India. The fundamental right to walk will take within its sweep the right to demarcated footpaths. These rights are primary and shall have priority over movement by motorised vehicles."
Correlative Duty
The court further held that this right carries a correlative duty. If a road exists, authorities must ensure demarcated and well-maintained footpaths for pedestrians. Duty bearers include urban development bodies, municipal corporations, municipalities, and panchayats, which must endeavor to demarcate, construct, maintain, and safeguard pedestrian infrastructure, as walking is integral to the right to life.
The Supreme Court also noted that any violation of this right entitles citizens to seek constitutional and legal remedies against duty bearers for restitution and compensation, independent of remedies under the Motor Vehicles Act, 1988.
