Walking a fundamental right, footpath must for all roads: Supreme Court

NEW DELHI: Supreme Court on Friday ruled that citizens have a fundamental right to walk, and this was part of their right to life and free movement. It urged the Union govt to enact a law mandating well-demarcated footpaths for every road to guarantee people’s right to walk in safety.The on-road death of a five-year-old boy on way to a neighbourhood school stirred the bench of Justices P S Narasimha and A S Chandurkar, which ruled, “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.”Writing the judgment for the bench, Justice Narasimha said, “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.”SC said, “If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for walkers. This is an enforceable duty. The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle.”Casting a constitutional duty on the govt and civic bodies in the three-tier governance system, SC said, “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.” Interestingly, SC said violation of the right to walk, being a fundamental right, would entitle citizens to file writ petitions before SC and HCs to seek remedies against civic authorities and govts concerned for restitution and compensation. Right to move constitutional courts would be independent of the citizens’ right to seek compensation through motor accident claims tribunals under the Motor Vehicles Act, it said.Rechristening the individual claims case as ‘Re: Fundamental Right to Walk and Footpath’, the bench said though right to walk on demarcated footpath was integral to right to life and right to free movement, guaranteed under Articles 21 and 19, there was no legislation to guarantee this right. Asking SC registry to send a copy of the judgment to the Union ministries of housing and urban affairs, rural development, and road transport and highways so as to enable them to reflect on “the compelling necessity for initiating the necessary legal framework”, the bench said it was high time to frame a statutory mechanism “not only for declaring the right, but also to recognise the duty bearers”.It also urged the Law Commission to examine formulating a statutory framework for protecting the right, identify the duty bearers and lay down remedies. “Constitutional courts also have a duty to declare with clarity the existence of this fundamental right and ensure that the existing civil and the constitutional remedies are accessible and effective,” Justices Narasimha and Chandurkar said.While awarding a compensation of 11.5 lakh to the father of the deceased minor, the bench said, “A wide, well-demarcated and uninterrupted footpath can change the beauty of, and equitable access to, our cities and towns and could truly be transformative of our urban and rural living.”In reality, how much does it take to create a well-demarcated footpath wherever a road exists? All that the fundamental right to walk demands is a comfortable space for an easy and carefree walk. Should this not be the minimum of the minimum duty that a municipal authority owes to the citizens?”