Context: The Supreme Court of India delivered a landmark judgment declaring the right to walk on demarcated footpaths a fundamental right under Part III of the Constitution.
About Right To Walk Is A Fundamental Right:
What It Is?
- The right to walk is a newly recognized fundamental right that legally guarantees citizens the safe and unhindered use of well-maintained, demarcated footpaths and pedestrian infrastructure alongside motorized roads.
- The ruling establishes that the state has a corresponding, non-negotiable duty to construct and safeguard walkable spaces if a public road exists.
Constitutional Foundations:
The Supreme Court integrated the right to walk into Part III of the Constitution by reading multiple articles together:
- Article 19(1)(d): Serves as the primary anchor, which guarantees the fundamental freedom of movement throughout the territory of India.
- Articles 19(1)(a), 19(1)(b), and 19(1)(c): Interlinked to protect the ancillary freedoms of expression, peaceful assembly, and association, all of which require safe public spaces to execute.
- Article 21: Invoked to cement pedestrian safety as an integral component of the fundamental right to life, personal liberty, and dignified public existence.
Key Features of the Judgment:
- Primary Priority Over Motor Transport: The court held that a citizen’s right to use a demarcated footpath is primary and holds legal priority over motorized vehicles.
- Identification of Specific Duty Bearers: The judgment clearly defines the administrative bodies responsible for constructing, maintaining, and safeguarding pedestrian pathways, explicitly naming urban development authorities, municipal corporations, municipalities, and panchayats.
- Constitutional Remedies for Citizens: Any violation or obstruction of safe footpaths entitles citizens to invoke constitutional and legal remedies against duty bearers for restitution and financial compensation. This path is completely independent of standard claims under the Motor Vehicles Act, 1988.
- Call for a New Statutory Framework: Noting the total absence of standalone pedestrian legislation, the court stressed a compelling need for a dedicated legal framework to govern pedestrian infrastructure.
- Creation of a Dedicated Regulator: The ruling recommends establishing a full-time, independent regulator tasked specifically with planning, enforcing, and implementing pedestrian safety standards.
