‘Right to walk on demarcated footpath is fundamental right’:SC says drivers ignore pedestrians’ difficulties, officials will face action for violations

The Supreme Court on Thursday ruled that the right to walk on demarcated footpaths is a fundamental right. In a landmark judgment, a Bench of Justices PS Narasimha and A.S. Chandurkar held that this right must be given priority over motor vehicles on designated pathways. The Court said this right forms part of the freedom of movement guaranteed under Article 19(1)(d) of the Constitution, as well as Article 21 (right to life and personal liberty) and other fundamental rights. The Bench observed that where roads exist, authorities also have a duty to ensure the availability of designated, well-maintained footpaths for pedestrians. The ruling came in a road accident case in which a father lost his five-year-old son. The Supreme Court enhanced the compensation to ₹11,44,628 and set aside the High Court order that had reduced the amount. Two key observations from the judgment Supreme Court calls for a monitoring body During the hearing, the Bench said a regulatory body is necessary to strengthen and enforce the fundamental right to walk on designated footpaths. It said a permanent and continuously functioning regulatory body would help develop and preserve institutional knowledge, enabling it to act on the basis of accumulated experience, data and information. The Bench added that institutional expertise is essential and such a body would be able to employ people with specialised knowledge and skills. The Court directed its Registry to send a copy of the judgment to the Union government and the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways so they can consider creating the necessary legal framework.