Historic decision of the Supreme Court… Right to walk on footpath is now a fundamental right, footpath is more important than movement of vehicles

digital desk- The Supreme Court of the country has given a very historic and far-reaching decision saying that the right to walk safely on the footpath is a fundamental right of every citizen of the country under the Constitution. The court said in clear words that in urban planning and construction of roads, the safety of pedestrians and their rights should be given more priority and importance than the smooth movement of motor vehicles.

Part of the freedom given under Articles 19 and 21

The division bench of Justice PS Narasimha and Justice AS Chandurkar clarified this legal aspect and said that the right to walk is an integral part of the fundamental freedom given to the citizens of the country under Article 19(1)(d) of the Constitution. This article protects the freedom of movement freely throughout the territory of India. The bench further clarified that this has to be seen in conjunction with Articles 19(1)(a), 19(1)(b), 19(1)(c) and Article 21 (right to life and personal liberty) of the Constitution, as a dignified life and safety cannot be imagined without safe footpaths.

Administration will be held legally responsible, the noose will be tightened on negligence

Giving a strong message to the local bodies, municipal corporations and road construction agencies of the country, the Supreme Court said that if any road is being built anywhere, it is the mandatory responsibility of the administration to ensure that a systematic footpath is laid out for the pedestrians and it is also properly maintained. The court made it clear that this is a legal responsibility of the administration, which citizens can get strictly implemented through the court.

The whole matter is related to the death of a 5 year old innocent child.

This big decision of the Supreme Court came during the hearing of the compensation case related to a very tragic road accident. Actually, a father was taking his 5 year old innocent child to school, when a speeding tanker lorry hit the child hard from behind. In this tragic accident, the child’s waist and lower body were badly crushed and he died due to serious injuries. The court observed that at the place where this horrific accident took place, there was neither any footpath nor any pedestrian crossing (zebra crossing) arrangement for the pedestrians. Taking cognizance of this negligence, the court has given this historic ruling for the safety of citizens.