Supreme Court Declares Right to Walk on Safe Footpaths a Fundamental Right

As walking is the most basic form of the human mobility, yet safe pedestrian infrastructure remains absent in many parts of the India. In a landmark Judgement, Honorable Supreme Court has now declared that the right to walk on to safe and demarcated footpaths is the fundamental right which is guaranteed under the Constitution of India. This decision came while hearing a tragic motor accident case which involves the death of a five year child.

What Did the Supreme Court Rule?

A bench comprising Respectable Justice P. S. Narasimha and Respectable Justice Atul S. Chandurkar held that the right to walk is the fundamental right which is protected under Part III of the Constitution.

According to the court, this right is closely linked to the,

• Article 19(1)(d): Freedom of movement
• Article 19(1)(a): Freedom of expression
• Article 19(1)(b): Right to assemble peacefully
• Article 19(1)(c): Right to form associations
• Article 21: Right to life and personal liberty

The court have emphasized that the right to walk naturally includes the right to access safe, demarcated and well-maintained footpaths.

Case That Led to the Landmark Judgment

The ruling came from a motor accident compensation case which involves a five-year-old boy.

The child was walking to school with his father when a tanker hit him from behind and it caused the fatal injuries.

The Supreme Court noted that the road where the accident occurred lacked the footpath and a pedestrian crossing.

While the Motor Accident Claims Tribunal had awarded the compensation, the High Court later reduced it.

The Supreme Court restored and it enhanced the compensation to ₹11.44 lakh and directed to payment within two months.

Why the Right to Walk Matters

The court has observed that walking predates every other mode of the transportation and it remains as the most fundamental form of movement.

It stated that that,

The right to walk precedes the right to move on to wheels.

According to the judgment, pedestrian rights have often been ignored as the roads are increasingly prioritize motorized vehicles.

The court has also noted that many pedestrians are treated as obstacles rather than rightful users of the public roads, despite walking being an essential aspect of daily life.

Duty of Governments and Local Authorities

The Supreme Court has made it clear that recognizing a right also creates the corresponding duty.

The responsibility for ensuring pedestrian safety lies with the,

• Urban development authorities
• Municipal corporations
• Municipal councils
• Panchayats
• Local government bodies

These institutions must to,

• Construct the safe footpaths
• Clearly demarcate the pedestrian zones
• Maintain walking infrastructure
• Protect footpaths from encroachment
• Ensure safe pedestrian crossings

Citizens Can Seek Legal Remedies

One of the most important aspects of this judgment is that violations of pedestrian rights may now attract the constitutional remedies.

The court stated that citizens can seek the,

• Compensation
• Restitution
• Legal remedies against the responsible authorities

Importantly, these remedies are separate from those are available under the Motor Vehicles Act, 1988.

Supreme Court Calls for a Dedicated Law

The court has also observed that while constitutional protections exist, India currently lacks the dedicated law which specifically protecting the pedestrians rights.

It also urged the government to enact the legislation that would,

• Officially Recognize the Right to Walk
• Define The Duty Bearers
• Provide Quick Remedies
• Establish The Regulator

Copies of this judgment have been sent to the,

• Ministry of Housing and Urban Affairs
• Ministry of Rural Development
• Ministry of Road Transport and Highways
• Law Commission of India