Right to walk on safe footpaths a fundamental right, says SC, Pg13

Key Highlights:

• The Supreme Court declared the right to walk on secured footpaths a fundamental right.
• This right is recognized under Part III of the Constitution and takes priority over motorized vehicle movement.
• The ruling places a correlative duty on municipal and local authorities to build, demarcate, and maintain pedestrian infrastructure.
• Citizens can invoke constitutional and legal remedies for violations, independent of the Motor Vehicles Act, 1988.
• The judgment originated from a motor accident claim case involving the death of a five-year-old boy due to the absence of a footpath.

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Detailed Insights:

• The bench comprising Justices P S Narasimha and Atul S Chandurkar delivered the judgment.
• The court urged the government to enact a law that formally declares this right and outlines the duties of local bodies.
• The ruling emphasizes that walking is integral to life and proper pedestrian infrastructure is crucial for public safety.
• The Motor Accidents Claims Tribunal (MACT) had initially awarded Rs 7.82 lakh in compensation for the accident.
• The Supreme Court enhanced the compensation to Rs 11,44,628, directing payment within two months.
• The court observed that the lack of footpaths and pedestrian crossings contributes significantly to such tragic incidents.

Key Concepts Involved:

• Fundamental Rights: Basic human rights enshrined in Part III of the Constitution, enforceable by courts.
• Correlative Duty: A duty that arises directly from a corresponding right held by another party.
• Motor Vehicles Act, 1988: Indian legislation governing all aspects of road transport vehicles and related liabilities.