GS 2: PolityGS 1: Art & CultureGS 1: Indian SocietyPrelims

How the right to walk is integral to modernity, Pg9

Supreme Court declares 'Right to Walk' a fundamental right under Articles 19(1)(d) and 21, asserting pedestrian claim over automobiles and linking it to India's modernity.

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Key Highlights:

  • The Supreme Court of India recently declared the Right to Walk safely on footpaths as a fundamental right.
  • This ruling falls under Article 19(1)(d), which guarantees freedom of movement, and Article 21, ensuring the right to life.
  • The judgment was delivered by Justices P.S. Narasimha and A.S. Chandurkar.
  • The ruling establishes pedestrians' claim on public pathways, prioritizing them over automobiles.

Detailed Insights:

  • The judgment acknowledges the deep historical and cultural significance of walking in India, from spiritual journeys to protest movements like the Dandi March.
  • Literary figures such as Rabindranath Tagore and Jibanananda Das have explored the profound meaning and freedom associated with walking in their works.
  • The ruling challenges the perspective that pedestrians are a burden on the economy, asserting their inherent right to public spaces.
  • Philosophers like Baudelaire and Michel de Certeau have highlighted walking as integral to the concept of modernity and the free circulation of thoughts.
  • This decision is seen as rehabilitating the sense of life as a "long poem," restoring a "quiet modernity" to Indian citizens.

Key Concepts Involved:

  • Fundamental Rights: Basic human rights enshrined in the Constitution, guaranteeing freedoms and protections to citizens.
  • Article 19(1)(d): Guarantees all citizens the right to move freely throughout the territory of India.
  • Article 21: States that no person shall be deprived of his life or personal liberty except according to procedure established by law.
  • Flâneur: A French term referring to a person who strolls aimlessly, observing society, often associated with urban exploration and modernity.
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