SYLLABUS

GS-2: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. 

Context: The Supreme Court recognised the right of pedestrians to walk on demarcated footpaths as a fundamental right under Articles 19(1)(d) and 21 of the Constitution, holding that it takes precedence over the movement of motorised vehicles.

Key Highlights of the Judgment

• The right to walk is a fundamental right under Part III of the Constitution.

• The fundamental right to walk includes the right to access safe, demarcated and well-maintained footpaths.

• These rights are primary and shall have priority over movement by motorised vehicles.

• If a road exists, there is a corresponding duty to ensure that demarcated and maintained footpaths are available for pedestrians.

• Duty bearers include Urban Development Authorities, Municipal Corporations, Municipalities and Panchayats.

• These authorities must endeavour to demarcate, construct, maintain and safeguard footpaths and pedestrian infrastructure.

• Violation of the right to walk on demarcated footpaths will entitle citizens to invoke constitutional and legal remedies for restitution and compensation.

• Such remedies are independent of remedies available under the Motor Vehicles Act, 1988.

• The Court stated that the Motor Vehicles Act, 1988, does not recognise or protect the fundamental right to walk and remains primarily vehicle-centric.

• The Court observed that rapid urbanisation and increasing motorised transport have marginalised pedestrians, while footpaths have been subordinated to the needs of motor vehicles.

• The Court directed the Registry to rename the case as "Re: Fundamental Right to Walk and Footpath" for continued monitoring.

Constitutional Recognition of the Right to Walk

• The Court held that the right to walk is integral to:

• Article 19(1)(d) – Right to move freely throughout the territory of India.
• Article 21 – Right to life and personal liberty.
• Article 19(1)(a) – Freedom of speech and expression.
• Article 19(1)(b) – Right to assemble peacefully.
• Article 19(1)(c) – Right to form associations.

• The Court observed that walking is the “simplest of the simple human activities” and is inextricably connected to life.

• It noted that walking has deep cultural, social, religious, political and reformative roots in India.

• According to the Court, the primary right of movement under Article 19(1)(d) is the fundamental right to walk, a right that precedes the right to move on wheels.

Supreme Court's Suggested Reforms for Protecting the Right to Walk

• Statutory Framework for Pedestrian Rights: The Court called for a comprehensive law to formally recognise and protect the right to walk, identify responsible authorities, provide speedy remedies for violations, and strengthen enforcement of pedestrian rights.

• Creation of a Dedicated Regulatory Body: It recommended establishing a full-time regulatory authority to plan pedestrian infrastructure, enforce pedestrian rights, and implement policies related to the right to walk.

• Directions to Key Ministries: The Court directed that a copy of the judgment be sent to the Ministry of Housing and Urban Affairs, Ministry of Rural Development, and Ministry of Road Transport and Highways for appropriate action.

• Reference to the Law Commission of India: The judgment was also forwarded to the Law Commission of India to examine the need for a statutory framework that protects pedestrian rights, identifies duty bearers, and provides effective remedies.