Right to Walk on Footpath a Fundamental Right

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.

• 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