SC Says Right to Walk on Footpaths Is a Fundamental Right

SC Upholds Pedestrians’ Fundamental Right

A bench comprising justices PS Narasimha and AS Chandurkar said, in its judgment, that the right to walk was encompassed by freedom guaranteed under article 19(1)(d) (which guarantees to all citizens the right to move freely throughout the territory of India).

“If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for the walkers. This is an enforceable duty. The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle,” Justice P.S. Narasimha said.

Judgment Follows Child Accident Case

The apex court’s ruling came in a motor accident claim case, which resulted in the death of a five year old child. The father of the boy had taken him to school in the morning, around 9 am when a tanker lorry ran him over from behind. The child suffered multiple serious injuries and died due to the injuries. 

He had been run over by the lorry on the road and there was no footpath or crossing at the accident site. Setting aside a High Court order which had slashed the awarded compensation amount, the Supreme Court raised the compensation in favour of the child’s father to 11,44,628 and directed it to be paid within two months.

Citizens Can Seek Constitutional Remedies

It said that the violation of the right to walk, which is a fundamental right under the constitution of India, citizens would have the right to resort to writ petitions to the Supreme Court and high courts.

“The violation of the right to walk on demarcated footpaths will entitle the 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 Act, 1988," the bench said.

Government Tasked With Pedestrian Safety

The Supreme Court also imposed constitutional duty on the government and administration in the states.

The court said, "The duty bearers are the urban development authorities, municipal corporations, municipalities and even panchayats, who must endeavour to demarcate, construct, maintain and safeguard footpaths and other necessary pedestrian infrastructure, as walking is integral to life.”