The Supreme Court has held that the right to walk on safe, demarcated footpaths is a fundamental right, and will take priority over the movement of vehicles, reported Bar and Bench.
Blitz Bureau
NEW DELHI: A Bench of Justice PS Narasimha and Justice AS Chandurkar noted this right Àows from the freedoms guaranteed under Articles 19 (which includes freedom of movement) and 21 (right to personal rights and liberty) of the Constitution.
Framing pedestrian access as a constitutional guarantee, the court underscored that public authorities are under a binding obligation to provide and maintain footpaths.
“If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for the walkers. This is an enforceable duty. The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle,” held the court.
It also clari¿ed that the freedom to walk is subject to reasonable restrictions, but added that it must be ensured that common spaces are not monopolised by vehicle drivers alone.
The Bench observed that Indian cities and towns have long been designed with a disproportionate focus on vehicles, leaving pedestrians vulnerable and marginalised.
“The absence of safe and comfortable footpaths to walk on, and even when they exist, their subjugation to motor transport, has been a civilizational problem,” it said. Tracing the evolution of this neglect, the court pointed to how urban planning gradually prioritised motorised transport over human movement.
Making it clear that this approach can no longer continue, the court said, “This should stop from now on as we declare the fundamental right to walk on demarcated footpaths alongside motorised roads.” The judgment also identi- ¿ed the authorities responsible for implementing this right, stating that the obligation lies with urban and local bodies.
The court also highlighted the absence of a statutory framework governing pedestrian rights.
