Right to walk: Fundamental Right under the Constitution

Introduction

Recently, in the case of Maniyar Iliyaz Shaik Riyaz vs p. Ayyappan[1], the Supreme Court (Bench: Pamidighantam Sri Narasimha, Atul S. Chandurkar, jj.) has held that right to walk on demarcated footpath is a fundamental right under Article 19 (1) (d) read with Article 19(1)(a), 19(1)(b), 19(1)(c) and 21.

This case came up before the Court consequent to a motor accident which took life of a five-year old while he was walking to the school with his father. This article will explain the dimensions of this right as declared by the Supreme Court of India.

What does Article 19(1)(d) say and how it is related to right to walk?

Article 19 of the Constitution of India provides for right to freedom. Article 19 (1)(d) provides that all the citizens shall have the right to move freely throughout the territory of India. The Supreme Court has explained in the case of Kharak Singh v. State of UP (1963) that right to move freely means right of locomotion, which connotes the right to move wherever one likes and however one likes, subject to the reasonable restriction provided under clause 5 of the Article 19.

In light of this definition of ‘movement’, movement can be made in any manner, either by walking or by motor vehicles. Then, why is one form of movement being threatened by the other? With the increasing cases of motor vehicle accidents, the right to move has been continuously under threat, where a person walking on the road always remains under the fear of being harmed by the motor vehicles rushing on the road.

This right is also an integral part of Article 21 of the Constitution which guarantees right to life and personal liberty of every person and movement being an indispensable part of ‘personal liberty’, right to walk forms an integral part of this article also.

That is why the Supreme Court took this opportunity to address this dimension of Article 19(1)(d) of the Constitution.

Fundamental right to walk: meaning

This right takes within its sweep right to walk on a demarcated footpath. Even the Court has declared that ‘right to walk’ holds a priority status over movement by motorized vehicles. It has been declared so to prevent drivers of motor vehicles to undermine the rights of those walking on the footpath.

Right holder and duty bearers of this right

Every citizen walking on the footpath is the holder of this fundamental right. As a result, every such citizen will have the right to constitutional and legal remedies (legal remedy under Section 38-40) for restitution and compensation in case of violation of this right. Also, the Court declared that such right will be independent of the right to claim compensation under Motor Vehicles Act, 1988.

Urban development authorities, municipal corporations, municipalities and Panchayats has been declared as the duty bearers of this right as this fundamental right has been provided against the ‘State’. These authorities are responsible for maintaining demarcated footpath on the road. This is an enforceable duty.

Conclusion

This decision of the Supreme Court added a new dimension to Article 19(1)(d) of the Constitution of India. In this case the Court has also acknowledged the lack of legislation related to this right and therefore, declares that relevant laws for recognizing and giving effect to this right must be framed.