NEW DELHI: In a significant verdict, the Supreme Court on Friday ruled that the right to walk on a demarcated footpath is a fundamental right and shall have priority over movement by vehicles.A bench of Justices PS Narasimha and AS Chandurkar made the observation while hearing a motor accident compensation case in which 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,” PTI quoted the bench as saying.The top court further held that the fundamental right to walk on demarcated footpaths carries a correlative duty, adding that if a road exists, there is an obligation to ensure demarcated and well-maintained footpaths for pedestrians.It noted that duty bearers include urban development authorities, municipal corporations, municipalities, and even panchayats, which must endeavour to demarcate, construct, maintain, and safeguard pedestrian infrastructure, as walking forms an integral part of the right to life.The Supreme Court also observed that violation of the right to walk on demarcated footpaths would entitle citizens to invoke constitutional and legal remedies for restitution and compensation, independent of remedies available under the Motor Vehicles Act, 1988.
