Why Supreme Court said the right to walk on footpaths is fundamental
GS2Polity · Governance · IR· Fundamental rights, DPSP & duties· Prelims + Mains·
Why in news
The Supreme Court ruled that the right to walk on demarcated footpaths is a fundamental right, prioritizing pedestrian safety over motorized traffic.
Background
The Supreme Court criticized the Motor Vehicles Act for failing to protect pedestrian rights. The court struck down a High Court order that had reduced compensation for a family in a fatal pedestrian accident.
Facts for Prelims
- ConstitutionRight to walk on footpaths interpreted as a fundamental right under Article 21 (Right to Life and Liberty)
- Act / BillMotor Vehicles Act: Primary legislation governing road transport and traffic in India
- FactThe ruling mandates municipalities and road-owning agencies to prioritize pedestrian safety in infrastructure planning
For Mains
Q. Examine how the judicial interpretation of Article 21 can be used to address urban infrastructure challenges and ensure the safety of vulnerable road users.
Dimensions to cover in your answer
- Legislative gap: Motor Vehicles Act's historical focus on vehicular flow over pedestrian safety protocols
- Urban planning friction: Conflict between rapid road expansion and the provision of accessible public walkways
- Judicial activism: Expanding the scope of 'Right to Life' to include specific urban mobility rights
Keywords: Right to Life · Judicial Activism · Urban Mobility · Pedestrian Safety · Article 21
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