Walk on a demarcated footpath is a fundamental right: SC
NATIONAL: The Supreme Court Friday ruled that the right to walk on a demarcated footpath is a fundamental right, taking precedence over motorised vehicle traffic. Justices PS Narasimha and AS Chandurkar stated this right is part of the right to movement protected under Article 19 (1) (d) and is also linked to Article 21, which safeguards the right to life and liberty.
This decision came in response to a tragic case where a father lost his five-year-old son in a motor accident while walking to school.
In its judgement, the court asserted the need for a regulatory body to uphold this fundamental right, advocating for the establishment of an independent entity to oversee footpath-related regulations without governmental or industrial interference. The court directed that the judgement be communicated to the relevant ministries, including housing and urban affairs, rural development and road transport and highways, to urge the creation of a legal framework supporting this initiative.
The ruling further asserted that the right to walk on demarcated footpaths entails a correlative duty to ensure their existence and condition. It designated urban development authorities, municipal corporations, municipalities and panchayats as the duty bearers responsible for creating, maintaining and protecting pedestrian infrastructure stressing that walking is essential to life.