NEW DELHI, June 19: The right to walk on a demarcated footpath is a fundamental right, the Supreme Court has ruled.
In a significant verdict, the top court held that this right shall have priority over motorised vehicles on demarcated paths and it forms part of the right to movement guaranteed under Article 19 (1) (d) and other fundamental rights including Article 21 (right to life and liberty).
A bench of Justices P.S. Narasimha and A.S. Chandurkar held that a citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles.
The declaration by the top court came in an unfortunate motor accident compensation case where a father lost his five-year-old son while taking him to school.
“The 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 of India. 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,” the bench ruled.
It held that the fundamental right to walk on demarcated footpaths has a correlative duty and “if the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers”. (PTI)
