Supreme Court of India rules right to walk on footpaths is a fundamental right
It said violation of the right to walk on demarcated footpaths will entitle citizens to invoke constitutional and legal remedies against duty-bearers for restitution and compensation
The right to walk on a demarcated footpath is a fundamental right, India's Supreme Court ruled on Thursday.
The apex court held that this right shall have priority over motorised vehicles on demarcated paths and it forms part of the right to movement guaranteed under Article 19(1)(d) and other fundamental rights including Article 21 (right to life and liberty) of the Constitution.
A bench of justices PS Narasimha and AS Chandurkar urged the government to bring a law that declares this right and recognises the duty of municipal authorities and local bodies to build, demarcate and maintain necessary pedestrian infrastructure.
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"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," the bench said.
It said violation of the right to walk on demarcated footpaths will entitle citizens to invoke constitutional and legal remedies against duty-bearers for restitution and compensation. This remedy is independent of the remedies that are available under the Motor Vehicles (MV) Act, 1988.
The apex court judgment came in a motor accident claim case related to a five-year-old boy's death. A man and his son were walking towards his school when a tanker hit the boy from behind, crushing his waist and lower body. The boy succumbed to his injuries.
The Supreme Court noted in its order that "there was neither a footpath nor a pedestrian crossing" on the stretch of road where the accident happened and added such incidents "continue to occur, perhaps they are inevitable till we restructure our rights regime as regards access to roads and recognise their correlative duties".
