INDIAN POLITY

Supreme Court Recognises Right to Walk as a Fundamental Right

  • Context: The Supreme Court ruled that the right to walk on demarcated footpaths is a fundamental right
  • The judgment was delivered by a bench comprising Justices P.S. Narasimha and A.S. Chandurkar

Right to Walk Recognised Under Fundamental Rights

  • The Court held that the right to walk forms part of: 
    • Article 19(1)(d) – Right to move freely throughout the territory of India, 
    • Article 19(1)(a) – Freedom of speech and expression, 
    • Article 19(1)(b) – Right to assemble peacefully, 
    • Article 19(1)(c) – Right to form associations, and 
    • Article 21 – Right to life and personal liberty. 
  • The right includes access to safe and properly demarcated footpaths

Pedestrian Rights Take Priority

  • The Court declared that pedestrians’ rights on designated footpaths are primary and must take precedence over the movement of motor vehicles. 
  • It emphasized that the fundamental right to walk overrides the privilege enjoyed by motorised vehicles

Enforceable Right and Remedies

  • Citizens can seek constitutional and legal remedies, including: Restitution, and Compensation, if their right to walk on safe footpaths is violated. 
  • Such remedies are independent of those available under the Motor Vehicles Act, 1988
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