The Supreme Court today ruled that the right to walk on a demarcated footpath is a fundamental right. A bench of justices PS Narasimha and AS Chandurkar held that a citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles. In a significant verdict, the apex court said, 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.

 

The declaration by the top court came in an unfortunate motor accident compensation case where a father lost his five-year-old son while taking him to school.

 

The Supreme Court batted for a regulatory body to effectuate the fundamental right to walk on demarcated footpaths. It said such a regulator will maintain institutional integrity by taking independent and objective decisions without governmental or industrial control. The court also directed the registry to send a copy of the judgement to the Centre through ministries of housing and urban affairs, rural development, and road transport and highways to reflect on the compelling necessity for initiating the necessary legal framework.

 

It held that the fundamental right to walk on demarcated footpaths has a correlative duty and if the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers.

 

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