THE BEYOND OBITER LAW BLOG: Legal News
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In a significant judgment on pedestrian rights, the Supreme Court has held that the right to walk is a fundamental right guaranteed under Part III of the Constitution and that the right to walk on demarcated footpaths forms an integral part of the freedoms protected under Articles 19(1)(d) and 21. The Court further held that these rights are primary in nature and take precedence over the movement of motorised vehicles.
The judgment was delivered by a Bench of Justice P.S. Narasimha and Justice Atul S. Chandurkar.
The observations came while deciding an appeal arising from a tragic motor accident in which a five-year-old child lost his life after being struck by a tanker while walking to school with his father. The father had sought compensation of ₹25 lakh. While the Motor Accident Claims Tribunal awarded compensation and the High Court subsequently reduced it, the Supreme Court enhanced the compensation to ₹11,44,628 and directed payment within two months.
While considering the broader issues raised by the case, the Court emphasised that the matter involved a question more fundamental than compensation.
“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 Bench observed that recognition of the right necessarily creates a corresponding obligation upon public authorities to ensure that footpaths are properly demarcated and maintained wherever roads exist. It held that this obligation is enforceable and that pedestrian rights cannot be subordinated to the convenience of motor vehicles.
The Court further recognised that citizens are entitled to legal remedies when this right is violated.
“It is important to recognise that if the fundamental right to walk on a demarcated footpath is violated, a citizen is entitled to enforce restitutionary remedy. This remedy is distinct from that of the claim that a person may make under the Motor Vehicles Act.”
According to the Court, such remedies may be pursued against urban development authorities, municipal corporations, municipalities, panchayats and other public authorities responsible for maintaining pedestrian infrastructure.
Noting the absence of a dedicated legal framework governing pedestrian rights, the Court called for legislative intervention. It observed:
“Insofar as the right to walk on demarcated footpaths is concerned, though it is integral to Articles 21 and 19(1)(d), there is no legislation. It is compelling to lay down a statutory framework not only for declaring the right, but also to recognise the duty bearers. The Act must protect, enhance, and provide quick remedies for violations, and also establish a full-time regulator to plan, enforce, and implement this precious right.”
The Bench directed that a copy of the judgment be sent to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways for consideration of an appropriate statutory framework. It also directed that a copy be forwarded to the Law Commission of India for examination of the issue.
Highlighting the need for institutional oversight, the Court suggested the establishment of a dedicated regulatory body to protect and enforce pedestrian rights, maintain expertise, and ensure accountability in the planning and implementation of footpath infrastructure.
In an unusual step, the Court directed the Registry to convert the matter into a continuing proceeding under Article 32 of the Constitution by renaming it “Re: Fundamental Right to Walk and Footpath” and impleading the concerned Union Ministries as parties for future consideration of the issue.