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Right To Walk Is A Fundamental Right

Kumari Sonali

Right To Walk Is A Fundamental Right:

The Supreme Court of India delivered a landmark judgment declaring the right to walk on demarcated footpaths a fundamental right under Part III of the Constitution.

  • The right to walk is a newly recognized fundamental right that legally guarantees citizens the safe and unhindered use of well-maintained, demarcated footpaths and pedestrian infrastructure alongside motorized roads.
  • The ruling establishes that the state has a corresponding, non-negotiable duty to construct and safeguard walkable spaces if a public road exists.
  • The Supreme Court integrated the right to walk into Part III of the Constitution by reading multiple articles together:
    • Article 19(1)(d): Serves as the primary anchor, which guarantees the fundamental freedom of movement throughout the territory of India.
    • Articles 19(1)(a), 19(1)(b), and 19(1)(c): Interlinked to protect the ancillary freedoms of expression, peaceful assembly, and association, all of which require safe public spaces to execute.
    • Article 21: Invoked to cement pedestrian safety as an integral component of the fundamental right to life, personal liberty, and dignified public existence.

Features of the Judgment:

  • The court held that a citizen’s right to use a demarcated footpath is primary and holds legal priority over motorized vehicles.
  • The judgment clearly defines the administrative bodies responsible for constructing, maintaining, and safeguarding pedestrian pathways, explicitly naming urban development authorities, municipal corporations, municipalities, and panchayats.
  • Any violation or obstruction of safe footpaths entitles citizens to invoke constitutional and legal remedies against duty bearers for restitution and financial compensation.
  • This path is completely independent of standard claims under the Motor Vehicles Act, 1988.
  • Noting the total absence of standalone pedestrian legislation, the court stressed a compelling need for a dedicated legal framework to govern pedestrian infrastructure.
  • The ruling recommends establishing a full-time, independent regulator tasked specifically with planning, enforcing, and implementing pedestrian safety standards.