Walking on footpaths a fundamental right, Supreme Court says

The Supreme Court has declared walking on demarcated footpaths a fundamental right for all citizens, a ruling that could significantly alter urban planning and road design across India. The court emphasized that this right is primary and supersedes the movement of motorized vehicles.

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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.

The landmark judgment emerged from a motor accident compensation case involving a child pedestrian's death. However, the court expanded its scope to a comprehensive examination of pedestrians' rights and public authorities' responsibilities. Justices PS Narasimha and Atul S Chandurkar stated that the existence of a road mandates public authorities to provide and maintain footpaths, making this duty legally enforceable.

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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 court asserted that the right to walk is intrinsically linked to fundamental rights like freedom of movement, expression, assembly, and association, as guaranteed by the Constitution. It specifically cited Articles 19(1)(d), 19(1)(a), 19(1)(b), 19(1)(c), and Article 21. The ruling clarifies that this fundamental right includes the right to properly demarcated footpaths, prioritizing pedestrian safety over vehicular traffic.

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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.

Urban development authorities, municipal corporations, municipalities, and even panchayats are now constitutionally bound to create, maintain, and protect pedestrian infrastructure wherever roads are present. Justice Narasimha, authoring the judgment, stated that walking is integral to life, and authorities must endeavor to provide necessary infrastructure. Furthermore, the court ruled that violations of the right to walk on footpaths would allow citizens to seek constitutional and civil remedies, including compensation, from responsible authorities.

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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 c