The Supreme Court today(June 19) recognised the right of pedestrians to walk on the footpath as a fundamental right under Articles 19(1)(d) and 21 of the Indian Constitution, preceding the right of motorised vehicles. The Court held that there is a compelling need to lay down a statutory framework not only for the declaration of this right but also to recognise that the violation of this right would entitle one to restitutionary remedies.

A bench comprising Justice PS Narasimha and Justice Atul S Chandurkar made these observations in a motor vehicle incident where a 5-year-old lost his life after he was hit by a tanker on his way to school with his father. His father sought compensation of Rs. 25,00,000 but it was reduced to Rs. 4,70,000. The bench enhanced it to Rs. 11,44,628 to be paid within 2 months.

In making these observations, the bench felt that there is a need for a statutory framework and therefore directed the Registry to send a copy of the judgment to the Ministries of Housing and Urban Affairs, Rural Development, Road Transport and Highways and has impleaded them as parties.

"Insofar as the right to walk on demarcated footpaths is concerned, though it is integral to Articles 21 and 19(1) (d), there is no legislation. It is compelling to lay down a statutory framework not only for declaring the right, but also to recognise the duty bearers. The Act must protect, enhance, and provide quick remedies for violations, and also establish a full-time regulator to plan, enforce, and implement this precious right. We direct the Registry to send a copy of our judgment to the Ministries of Housing and Urban Affairs, Rural Development, Road Transport and Highways, to reflect on the compelling necessity for initiating the necessary legal framework."

It has also directed that a copy of the judgment must be sent to the Law Commission for examining the statutory framework for protecting the right, identifying the duty bearers and providing remedies. This is in the backdrop of the fact that it has clarified that the Motor Vehicles Act, 1988, is not a legislation meant for protecting the right to walk on the footpath and, in many ways, has undermined the rights of walkers.

Additionally, to effectuate the fundamental right to walk on demarcated footpaths, the Court has said that it's important to establish a regulatory body.

Lastly, it has directed the Registry to rename the case title as 'Re: Fundamental Right to Walk and Footpath' for continued monitoring.