In a landmark judgment, the Supreme Court has declared the freedom to walk on demarcated and well-maintained footpaths a fundamental right, which has priority over movement by motorized vehicles. The court stated that walking safely and carefree along wide footpaths, without danger lurking at every turn, is the most basic of rights. It is the simplest of the simple human activity, inextricably connected to life.
The court said the Constitution recognized and guaranteed walking as a fundamental right in its words, ‘All citizens shall have the right…to move freely throughout the territory of India.’ However, over the years, demands of economy, trade, and rapid urbanization have relegated walking to an inconvenience. Moving on wheels has eclipsed human imagination. Governments and local bodies paralleled wide roads and expressways to growth, busily building motorways while leaving little space for the essential pleasure of walking.
The court emphasized that walking has deep cultural, social, religious, political, and reformative roots in the Indian imagination. Walking plays a pivotal role in politics and social reform. The court directed its Registry to send a copy of the judgment to the Ministries of Housing and Urban Affairs, Rural Development, Road Transport and Highways, to ‘reflect on the compelling necessity for initiating the necessary legal framework.’ It also asked the Law Commission of India to examine the statutory framework for protecting the right, identifying the duty-bearers, and provisioning remedies.
The court has asked the government to frame a law to protect pedestrians and ensure that footpaths are demarcated and maintained for walkers.
