India's Supreme Court has declared right to walk on well-maintained footpaths a fundamental right,putting it above vehicular movement. June 19 ruling by Justice P.S. Narasimha made clear: if roads exist,there's a duty to ensure safe walking spaces for pedestrians.
The decision followed a tragic event where five-year-old boy died,hit by truck while walking to school with his dad. Justice Narasimha stressed that walking is basic human activity,core to life. “Walking safely and carefree along wide footpaths, without danger lurking at every turn, was the most basic of rights,” he remarked.
Court highlighted how the Constitution guarantees freedom to move,but urbanization, economic demands often marginalize pedestrians. Judgment criticized prioritizing motorized transport over fundamental human need to walk. “Moving on wheels has eclipsed human imagination,” noted the court,pointing out infrastructure often neglects pedestrian needs.
Justice Narasimha also reflected on walking's cultural,political significance in India,linking it to social reform and freedom struggle. He called walking a form of resistance, means of expression. “Walking is not just motion; it certainly embodies expressional, congregational and associational rights,” he stated.
Court urged that public spaces shouldn't be vehicle-dominated, stressing ample space for walking freedom. It questioned why creating well-demarcated footpaths requires minimal effort, asserting it's a fundamental duty of municipal authorities.
In its analysis, Supreme Court criticized Motor Vehicles Act of 1988 for ignoring pedestrian rights. Justice Narasimha said Act focuses on vehicles,often at human cost. “The Motor Vehicles Act has been an impediment and,in many ways, undermined the precious rights of walkers,” he stated.
Court called for statutory framework to affirm right to walk,identify those responsible for its protection. Proposed establishing regulatory body for planning, enforcing pedestrian rights,emphasizing need for institutional expertise.
Directing its Registry to forward judgment to relevant ministries, court urged reevaluation of laws, creation of legal framework to safeguard pedestrian rights. Copy of ruling will also go to Law Commission of India for further examination .
In poignant conclusion,Justice Narasimha expressed sympathy for bereaved father,who took his son to school that fateful morning. “Who could have ever imagined that it would be last walk with his son?” he noted, awarding father over ₹11 lakh in compensation, underscoring tragic consequences of neglecting pedestrian safety…
