Key Highlights
- The Supreme Court ruled that the right to walk on protected footpaths is a fundamental right under Articles 19 and 21.
- The judgment arose from a fatal accident involving a five‑year‑old child on an unmarked road.
- Compensation to the victim's family was increased to ₹11.44 lakh.
- The Court directed municipal authorities to keep footpaths free of encroachments and urged the legislature to enact a dedicated Pedestrian Protection Act.
- Pedestrian safety is now linked to freedoms of speech, assembly, movement, and the right to life.
Detailed Insights
The two‑judge bench, comprising Justice P. S. Narasimha and Justice Atul S. Chandurkar, held that the liberty to traverse a city on a demarcated, hazard‑free footpath is inseparable from the constitutional guarantees of expression (Art. 19 (1)(a)), peaceful assembly (Art. 19 (1)(b)), movement (Art. 19 (1)(c)), residence (Art. 19 (1)(d)) and life and personal liberty (Art. 21). The case originated from a tragic motor‑vehicle accident in which a tanker struck a child walking to school on a road lacking any pedestrian infrastructure. In addition to restoring the earlier award, the Court elevated the compensation to ₹11.44 lakh, emphasizing the state’s duty to provide safe public thoroughfares.
The judgment calls for immediate remedial measures: municipal corporations must inspect, demarcate, and maintain footpaths; illegal constructions should be removed; and urban planners are required to integrate pedestrian corridors into new projects. Moreover, the Court urged the Union Government to draft a specific legislation that enshrines the “right to walk safely” and prescribes penalties for violations.
Key Concepts
- Fundamental Right: A right guaranteed by the Constitution that cannot be abridged by the state, barring reasonable restrictions.
- Article 19(1) Bundle: A collection of freedoms—speech, assembly, movement, residence, and profession—each subject to reasonable limits in the interest of public order, health, or morality.
- Pedestrian Protection Act (proposed): A legislative instrument envisioned to codify safety standards for footpaths, impose penalties on encroachers, and assign responsibilities to urban local bodies.