Tag: Supreme Court Recognises Right to Walk as a Fundamental Right

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.