Case Note & Summary
The Supreme Court, in a civil appeal arising from a tragic motor accident where a five-year-old boy was killed while walking to school, addressed the fundamental right to walk. The Court noted that the accident occurred due to the absence of a footpath or pedestrian crossing. Emphasizing that the right to move freely under Article 19(1)(d) is primarily the right to walk, the Court declared that this right includes access to safe and well-demarcated footpaths, and that pedestrian rights have priority over motorised vehicles. The Court criticized the Motor Vehicles Act, 1988 for undermining walkers' rights and called for a restructuring of the rights regime regarding road access. It also observed that walking embodies cultural, social, religious, political, and reformative values, and is connected to rights under Articles 19(1)(a), (b), and (c). The Court directed that the fundamental right to walk on demarcated footpaths must be recognized and enforced, and that municipal authorities owe a duty to provide comfortable walking spaces. The judgment was delivered in the context of the appeal, but the specific decision on the appeal itself is not detailed in the provided text.
Headnote
A) Constitutional Law - Fundamental Rights - Right to Walk - Article 19(1)(d) of the Constitution of India - The Court declared that the fundamental right to move freely throughout India under Article 19(1)(d) primarily means the right to walk, which includes the right to access safe and well-demarcated footpaths. This right is primary and has priority over movement by motorised vehicles. The Court held that the absence of footpaths undermines this precious right and that municipal authorities have a duty to provide comfortable walking spaces. (Paras 3-7) B) Constitutional Law - Fundamental Rights - Walking as Composite Right - Articles 19(1)(a), 19(1)(b), 19(1)(c), 19(1)(d) of the Constitution of India - The Court observed that walking embodies not only the right to movement but also expressional, congregational, and associational rights under Article 19(1)(a), (b), and (c). The cultural, social, religious, political, and reformative roots of walking in India were highlighted, and the duty to cherish these ideals under Article 51-A was noted. (Para 8)
Issue of Consideration
Whether the right to walk on a demarcated footpath is a fundamental right under Article 19(1)(d) of the Constitution, and whether pedestrians have priority over motorised vehicles in accessing roads.
Final Decision
The Supreme Court declared that the fundamental right to walk on demarcated footpaths is a fundamental right under Article 19(1)(d) and that pedestrian rights have priority over motorised vehicles. The Court directed that this right must be recognized and enforced, and that municipal authorities have a duty to provide safe footpaths. The specific outcome of the appeal is not mentioned.
Law Points
- Fundamental right to walk under Article 19(1)(d)
- Right to walk includes access to safe footpaths
- Pedestrian right has priority over motorised vehicles
- Municipal duty to provide footpaths
- Walking embodies rights under Articles 19(1)(a)
- 19(1)(b)
- 19(1)(c)
- Article 51-A duty to cherish freedom struggle ideals
