India Supreme Court Recognizes Right to Walk as Fundamental Right

• The Supreme Court of India has recognized walking as a fundamental right under Article 19(1)(d) and 21 of the Constitution.
• This right takes precedence over the rights of motorized vehicles, underscoring the importance of pedestrian safety in urban areas.
• Civic authorities have been cast with a duty to ensure safe walking spaces, particularly on demarcated footpaths.
• The court's decision sets a constitutional standard for prioritizing pedestrian accessibility and safety in civic infrastructure.

The newly recognized right to walk takes precedence over the rights of motorized vehicles, underscoring the importance of pedestrian safety in urban areas.

In a landmark decision, the Supreme Court of India has elevated walking to the status of a fundamental right. This recognition is significant, as it acknowledges the importance of pedestrian rights in urban planning and development. The court's ruling was made in response to a motor vehicle claim, where a tanker killed a five-year-old boy. While deciding on compensation, the court seized the opportunity to recognize a new fundamental right, drawing from Article 19(1)(d) and 21 of the Constitution.

The newly recognized right to walk takes precedence over the rights of motorized vehicles, underscoring the importance of pedestrian safety in urban areas. To ensure that this right is accessible and enforceable, the court has cast a duty on constitutional courts to declare its existence and leverage existing mechanisms for its realization.

The recognition of walking as a fundamental right is rooted in Article 19(1)(d) and 21 of the Indian Constitution. These provisions enshrine the right to freedom of movement and the protection of life, respectively. The court's decision highlights the need for civic authorities to ensure safe walking spaces, particularly on demarcated footpaths. This is crucial, as pedestrian rights are often compromised in favor of motorized vehicles.

The existing statutory vacuum has been a major concern in this regard. However, the Supreme Court's ruling has filled this gap by recognizing the right to walk and imposing a duty on civic authorities to ensure its realization. This precedent will be significant for future cases involving pedestrian rights and access to demarcated footpaths.

The recognition of walking as a fundamental right has far-reaching implications for urban planning and development in India. It underscores the importance of prioritizing pedestrian safety and accessibility in civic infrastructure. The court's decision also sets a constitutional standard for civic authorities to ensure safe walking spaces, which will be crucial in future cases involving pedestrian rights.

Lawyers should take note of this precedent, as it provides a powerful tool for citing in future cases involving pedestrian rights and access to demarcated footpaths. This ruling has the potential to transform the way cities are designed and managed, prioritizing the needs of pedestrians over motorized vehicles.

Lawyers should watch for this precedent to cite in future cases involving pedestrian rights and access to demarcated footpaths, as it sets a constitutional standard for civic authorities to ensure safe walking spaces.

Source: Original reporting via Reclaiming the streets: Right to walk as a newly recognised fundamental right