The Supreme Court has ruled that the right to walk on footpaths is a fundamental right under Article 19(1)(d) of the Constitution, which also includes the right to access safe and well-marked footpaths. The Supreme Court said in a judgment that in case of any violation of the right to walk on the designated footpath, constitutional legal remedies can be taken to seek compensation and compensation against those responsible.
Supreme Court OfJustice PS Narasimha, who wrote the judgment, said, if there is a road, it is necessary to ensure that footpaths for pedestrians are provided and maintained. This is an enforceable duty. The fundamental right to walk on the fixed footpath will be above the privilege of a motor vehicle.
The decision came in the case of the death of a five-year-old boy, who was run over by a truck while walking with his father to a neighborhood school.
Justice Narasimha said that walking safely and carefree on wide footpaths, without any danger at every turn, is the most basic right. Justice Narasimha said, “This is the simplest human work, which is related to life.”
The Supreme Court declared freedom of movement on demarcated and well-maintained footpaths a fundamental right, which would be given priority over movement by motorized vehicles.
The Supreme Court said, "If a road exists, there should be a duty to ensure that footpaths for pedestrians are demarcated and maintained. This is an enforceable duty. The fundamental right to walk on demarcated footpaths will prevail over the privilege of a motor-driven vehicle."
The Supreme Court told the government that the basic right to walk requires only a comfortable place where one can walk easily and without any worries. Shouldn't this be the minimum responsibility of a municipal authority towards its citizens? The court said that the Motor Vehicles Act, 1988 never bothered to recognize the fundamental right to move.
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