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Walking on footpaths a fundamental right, rules Supreme Court (The Hindu)

Paper: GS – II, Subject: Polity, Topic: Rights issues, Issue: Pedestrian Rights as a Fundamental Right.

Context:

Recently, the Supreme Court declared that walking on properly marked and maintained footpaths is a fundamental right. The ruling came in a case involving a five-year-old boy who was killed by a truck while walking to school in Karnataka. The Court held that pedestrian safety must receive priority over the convenience of motor vehicles.

Key Takeaways:

Pedestrian Rights and the Supreme Court’s Urban Mandate

Explanation:

What the Supreme Court Held:

  • Wherever a road is built, authorities must provide and maintain a clearly marked footpath.
  • This is an enforceable public duty and not an optional municipal service.
  • The right of pedestrians to use footpaths must override the convenience of motor vehicles.
  • The Court described walking as a basic human activity closely connected with life and liberty.

Problems Faced by Pedestrians:

  • Many Indian cities do not have continuous and safe footpaths.
  • Existing pavements are often blocked by parked vehicles, vendors, utility poles, construction material and waste.
  • Road widening generally gives more space to vehicles while reducing space for walkers.
  • Children, elderly persons, persons with disabilities and low-income workers face greater danger.

Why Law Alone Is Not Enough:

  • A legal right has little meaning if governments do not build and maintain footpaths.
  • The Street Vendors Act, 2014 shows that laws may fail when surveys, vending zones and town vending committees are not properly created.
  • Public smoking declined through regular awareness campaigns and immediate fines, not only through legal restrictions.
  • Similarly, pedestrian safety needs public awareness and a culture that respects walkers.

Need for Balanced Implementation:

  • The judgment should not be used only to remove vendors and poor workers from public spaces.
  • Sudden eviction may destroy livelihoods and make streets accessible only to richer groups.
  • Cities should create regulated vending areas while keeping enough space for pedestrians.
  • Governments must fund continuous pavements, crossings, lighting, ramps and accessible street design.

Conclusion:

The judgment gives constitutional recognition to safe walking. However, compensation after accidents cannot replace prevention. The right will become meaningful only when governments build inclusive and well-maintained footpaths.

Source: (The Hindu)

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