Supreme Court of India ruled that right to walk on designated footpaths is fundamental, outranking motor vehicle movement. Landmark decision,delivered June 19, stresses need for governments to ensure safe walking spaces for citizens.
Justice P.S. Narasimha, who wrote ruling,said if roads exist,there's obligation to provide footpaths. He declared, “The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle.” Judgment came after tragic incident where five-year-old boy was killed by truck while walking to school with father.
Justice Narasimha noted walking is basic human activity,tied to life itself . Constitution guarantees right to free movement, yet urbanization, economic demands often marginalize pedestrians. “Moving on wheels has eclipsed human imagination,” he remarked,criticizing focus on motorways over pedestrian safety.
Court pointed out Motor Vehicles Act of 1988 doesn’t recognize fundamental right to walk, instead focuses on vehicles. Justice Narasimha called this legislation an impediment to pedestrian rights,stating, “The Motor Vehicles Act is built upon ‘vehicle’ as subject of legislation, while ‘human’ interests are incidental.”
And about walking's cultural,political significance,judge noted its role in social reform and Freedom Struggle. “Walking is a struggle for the not-so-fortunate, meditation in motion for many,resistance for others,” he said, showing its importance in Indian society.
Court called for regulatory body to oversee implementation of this right,suggesting such an entity would ensure pedestrian interests prioritized. Justice Narasimha urged government to create legal framework that recognizes right to walk,also identifies those responsible for its enforcement.
He directed court's Registry to send judgment to ministries, including Housing and Urban Affairs,and Road Transport and Highways,to prompt action on necessary legal provisions. Law Commission of India has been asked to explore statutory framework for protecting this right.
Justice Narasimha expressed empathy for father of deceased child, who took son to school that fateful morning. He awarded father compensation of over ₹11 lakh, reflecting on profound loss of a parent who couldn't have known that day would be their last walk together…
