Supreme Court's Advocacy for a Regulatory Body for Footpath Rights
The Supreme Court emphasized the establishment of a regulatory body to uphold the fundamental right to walk on demarcated footpaths, which it declared as having precedence over motorized vehicle movement. This ruling came from a bench of Justices P S Narasimha and A S Chandurkar.
Key Directives and Observations
- The regulatory body should:
- Function with perpetual seal and succession.
- Develop institutional memory based on gathered data and experience.
- Employ professionals with domain expertise.
- Maintain independence from governmental or industrial influence to ensure transparency and accountability.
- The ruling was part of a motor accident compensation case involving a road accident fatality.
- Citizens are entitled to enforce restitutionary remedies if their right to walk is violated.
- The remedy is separate from claims under the Motor Vehicles Act and can be enforced against local governance bodies.
Legislative Framework and Statutory Needs
- Part III of the Constitution has a dual role:
- Restricts the legislature from infringing on fundamental rights.
- Envisages a positive legislative role to effectuate these rights.
- Current statutes like the Right to Information Act and Right to Education Act illustrate effective statutory regimes.
- A specific statutory framework is needed for the right to walk, integral to Articles 21 and 19(1)(d), but currently lacking express legislation.
Call to Action
- A statutory framework must:
- Declare and protect the right to walk.
- Recognize duty bearers and provide rapid remedies for rights violations.
- Establish a full-time regulator for effective implementation.
- Judgment copies were directed to be sent to relevant ministries and the Law Commission for further action.
- Constitutional courts have a duty to clearly declare this fundamental right and ensure the accessibility of civil and constitutional remedies.
