Supreme Court Calls for Regulatory Body to Enforce Fundamental Right to Walk
The Supreme Court of India has called for the creation of a dedicated regulatory body to protect the fundamental right to walk on demarcated footpaths, stressing the need for a statutory framework to ensure accountability, infrastructure integrity, and pedestrian safety.
Highlights
- •The Supreme Court demands a regulatory body to protect the fundamental right to walk on footpaths.
- •Citizens are entitled to restitutionary remedies beyond standard Motor Vehicles Act claims when this right is violated.
- •The court emphasizes the need for institutional memory and domain expertise in pedestrian infrastructure governance.
- •Relevant Union Ministries and the Law Commission have been directed to examine creating a comprehensive statutory framework.
The Supreme Court of India has strongly advocated for the establishment of a specialized regulatory body dedicated to upholding the fundamental right to walk on demarcated footpaths. In a significant observation, a bench comprising Justice P.S. Narasimha and Justice A.S. Chandurkar highlighted that citizens possess a valid restitutionary remedy when this essential right is violated, extending beyond standard compensation claims.
The Need for a Dedicated Regulatory Framework
The court emphasized that to effectively protect and enhance the fundamental right to walk, creating a permanent regulatory body is essential. Such an institution would operate with perpetual succession, allowing it to build institutional memory based on accumulated data and specialized experience. By employing experts in the field, this regulator would ensure that urban infrastructure decisions remain objective, independent, and free from undue influence by industrial or governmental interests.
This judicial directive arose during a case involving a tragic road accident, where a five-year-old child lost his life while walking to school. The court clarified that the constitutional right to move freely, as protected under Articles 21 and 19(1)(d), naturally encompasses the right to safe pedestrian pathways. Currently, there is an absence of specific legislation tailored to the enforcement of this right, leaving a significant gap in the legal framework.
Ensuring Public Accountability and Safety
The bench noted that while the Constitution limits legislatures from enacting laws that infringe upon fundamental rights, it also requires them to take positive steps to facilitate these rights. The Supreme Court pointed to existing models like the Right to Information Act and the Right to Education Act, which successfully outline duty bearers and establish legal remedies. A similar statutory approach is required to hold urban development authorities, municipal corporations, and panchayats accountable for the maintenance of sidewalks.
To address these systemic issues, the court has directed the registry to share the judgment with the Union Ministry of Housing and Urban Affairs, the Ministry of Rural Development, and the Ministry of Road Transport and Highways. These bodies are urged to consider the necessity of building a formal legal framework. Additionally, the Law Commission has been tasked with examining how a robust statutory framework can be implemented to protect the fundamental right to walk, identify responsible authorities, and provide efficient remedies for citizens. This proactive judicial intervention aims to ensure that pedestrian safety is no longer overlooked in urban planning and governance.
