Article 21 Important Case Laws You Must Know

The Supreme Court has consistently expanded the scope of Fundamental Rights protected under Article 21 (Protection of Life and Personal Liberty) of the Indian Constitution since 1950. Over the years, rights such as the Right to Travel Abroad, Right to Privacy, and Right to Choose One's Life Partner have been recognised under Article 21.

In the significant case of Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors., the Supreme Court recognised the Right to Walk on unobstructed footpaths as a Fundamental Right under Article 21, read with Articles 19(1)(a), 19(1)(b), 19(1)(c), and 19(1)(d) of the Constitution.

This landmark decision followed a tragic accident involving a young child and emphasises the responsibility of authorities to provide safe, obstruction-free footpaths for pedestrians.

Constitutional Basis of the Right to Walk

The Supreme Court held that the Right to Walk on designated footpaths is a Fundamental Right available to every citizen under Part III of the Constitution.

The Court observed that pedestrian safety is directly connected with the protection of life and personal liberty guaranteed under Article 21.

The Court recognised the Right to Walk under:

• Article 21 – Protection of Life and Personal Liberty

• Article 19(1)(d) – Freedom of Movement

• Article 19(1)(a) – Freedom of Speech and Expression

• Article 19(1)(b) – Right to Assemble Peaceably

• Article 19(1)(c) – Right to Form Associations

The Court emphasised that walking is an essential part of daily life, and failure to provide safe pedestrian infrastructure raises serious concerns regarding governance and urban infrastructure.

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What Does the Right to Walk Include?

The Court clarified that the Right to Walk is not merely the freedom to move from one place to another.

It specifically includes the right to have a proper and designated walking space, namely footpaths.

According to the Court:

• Walking directly on roads exposes pedestrians to accidents.

• Properly demarcated footpaths are necessary for pedestrian safety.

• Footpaths are meant for pedestrians in the same way roads are meant for vehicles.

The Court further observed that the rights of pedestrians take precedence over the convenience of motorists.

Why the Supreme Court Criticised India's Urban Planning

The Court criticised the prevailing approach to urban planning in India.

It observed that excessive importance has been given to vehicles, while the basic need for safe walking spaces has been ignored.

Due to the absence of footpaths:

• Pedestrians are forced to walk on busy roads.

• Motorists often consider pedestrians as obstacles.

• Serious accidents frequently occur.

The Court described this as a major deficiency in urban planning.

Who Is Responsible for Protecting Pedestrian Rights?

The Supreme Court held that if the Right to Walk is a Fundamental Right, the government has a corresponding constitutional duty to protect it.

The Court specifically stated that the following authorities are responsible for constructing and maintaining proper footpaths:

• Municipal Corporations

• Municipalities

• Panchayats

• Development Authorities

These authorities must also ensure that footpaths remain free from encroachments.

Legal Remedies Available for Violation of the Right to Walk

The Court clarified that if the government fails to provide proper walking spaces, resulting in a violation of the Right to Walk, citizens may seek constitutional remedies. Victims may pursue:

• Legal remedies for violation of Fundamental Rights.

• Compensation from the government.

The Court also clarified that these remedies are separate from claims under the Motor Vehicles Act. Accordingly:

• A victim may file a claim before the Motor Accidents Claims Tribunal (MACT) for compensation arising from the accident.

• Separately, the victim may also seek compensation from the government for violation of the constitutional Right to Walk.

Also Read: How To Become Civil Advocate In India

Supreme Court Recommends a Dedicated Law for Pedestrian Rights

The Court recommended consideration of a statutory framework protecting pedestrian rights and directed that the judgment be forwarded to the concerned Ministries and the Law Commission. The proposed legislation should:

• Define the responsibilities of authorities.

• Identify the government bodies responsible for pedestrian infrastructure.

• Provide speedy remedies for citizens.

• Establish a regulatory body to monitor pedestrian facilities and ensure protection of walking rights.

Key Directions Issued by the Supreme Court

The Supreme Court directed that its judgment be forwarded to several government bodies, including:

• Ministry of Housing and Urban Affairs

• Ministry of Rural Development

• Ministry of Road Transport and Highways

• Law Commission

The Court requested these authorities to consider framing suitable legislation and establishing an appropriate regulatory mechanism.

How the Supreme Court Will Monitor Compliance

The Supreme Court clarified that the matter will remain pending so that it can continue monitoring compliance with its directions regarding pedestrian rights and footpath infrastructure. The Court also noted that this is not the first case concerning pedestrian safety.

In S. Rajaseekaran v. Union of India, the Supreme Court had earlier emphasised the need for unobstructed and disabled-friendly footpaths. The Court further observed that several other cases relating to road safety, pedestrian protection, and traffic regulation are also pending.

The Supreme Court's recognition of the Right to Walk on demarcated footpaths strengthens the constitutional protection of pedestrian rights under Article 21. By emphasising the duty of public authorities to provide safe and obstruction-free walking spaces, the judgment highlights the need for better urban planning and stronger legal safeguards. It is an important decision for understanding the evolving scope of Fundamental Rights under the Indian Constitution.