Prelims: Current events of national and international importance | Polity and Governance
Why in News?
Recently, The Supreme Court of India declared the freedom to walk on demarcated and well‑maintained footpaths a fundamental right.
Constitutional Basis
- Article 21 – Right to Life and Personal Liberty.
- Walking safely is part of the simplest human activity, directly connected to life.
- Article 19(1)(a), Article 19(1)(b) and Article 19 (1)(c) – Walking embodies expressional, congregational, and associational rights.
- 19(1)(a) – Freedom of Speech and Expression
- 19(1)(b) – Freedom of Assembly,
- 19(1)(c) – Freedom of Association
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- Article 14 – Right to Equality.
- Common spaces must not be monopolised by motorised vehicles; pedestrians deserve equal protection.
Court’s Observations
- Historical Role of Walking – Walking powered India’s freedom struggle, politics, and social reforms.
- Urbanisation – Governments focused on urbanisation and motorisation, built wide roads and expressways but neglected footpaths, treating walkers as inconvenience.
- Minimum Duty of Authorities – Providing footpaths is the basic duty of municipal bodies.
Statutory Concerns
- Motor Vehicles Act, 1988 – The Act focused only on vehicles and ignored walkers’ rights.
- Supreme Court Directions – Court asked government to frame a statutory framework recognising the right to walk, fixing responsibility, and giving remedies.
- Regulatory Body Suggestion – Court suggested creating a regulatory body to enforce and implement pedestrian rights.
Reference
The Hindu | Right to walk
