Right to walk on demarcated footpaths a fundamental right: SC
What's the story
The Supreme Court has held that the right to walk on safe, demarcated footpaths is a fundamental right. It observed that this right is derived from Articles 19 (freedom of movement) and 21 (right to personal rights and liberty) of the Constitution. It held that there is a compelling necessity to provide a statutory framework not only for the proclamation of this right but also to recognize that the violation of this right would entitle one to restitutionary remedies.
Public obligation
Public authorities must maintain footpaths: Court
The bench of Justice PS Narasimha and Justice AS Chandurkar emphasized that public authorities are under a binding obligation to provide and maintain footpaths. It stated, "If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for the walkers. This is an enforceable duty." The court also stressed that this fundamental right supersedes the privilege of motorized vehicles.
Urban critique
Cities designed for vehicles, not people
The court observed that Indian cities have been designed with a disproportionate focus on vehicles, leaving pedestrians vulnerable. It said, "The absence of safe and comfortable footpaths to walk on, and even when they exist, their subjugation to motor transport, has been a civilizational problem." The court traced this neglect to urban planning prioritizing motorized transport over human movement.
Court
What court said
"It is rather strange that we failed to focus on recognizing and securing this 'right to walk.'...It could also be elitism to start with, for machines with wheels were only for the rich, but as economies progressed and cheaper motor vehicles were introduced, the entire spectrum of motorized transportation dominated the roads, pushed aside walkers to the extent that they are treated as a nuisance for the drivers who routinely run over the walkers and their footpaths," the court remarked.
Regulatory need
Need for regulatory body to protect pedestrian rights
The court said this should stop from now on as "we declare the fundamental right to walk on demarcated footpaths alongside motorized roads." "To enhance and effectuate the fundamental right to walk on demarcated footpaths, it is necessary to establish a regulatory body," the court suggested. The judgment was delivered in a case where a five-year-old child was killed by a tanker while walking to school.
Compensation ruling
Compensation enhanced to ₹11.44 lakh
The court noted that the incident happened in an area where there was no pathway or pedestrian crossing. The court also enhanced the compensation payable to the child's family to ₹11.44 lakh. It set aside a high court order that had reduced this amount. The matter will now be converted into a separate proceeding before the Supreme Court to examine larger issues relating to pedestrian rights and infrastructure.