Now Reading: Supreme Court declares right to walk a fundamental right
-
01
Supreme Court declares right to walk a fundamental right
The Supreme Court, in Maniyar Iliyaz v. P. Ayyappan, has ruled that unobstructed pedestrian movement is a fundamental right under Article 21 of the Constitution. The judgment reinforces the obligation of public…
The Story in Brief
The Supreme Court, in Maniyar Iliyaz v. P. Ayyappan, has ruled that unobstructed pedestrian movement is a fundamental right under Article 21 of the Constitution. The judgment reinforces the obligation of public authorities to keep footpaths free for safe walking and not force citizens onto roads.
But the decision creates tension with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. That law explicitly allows regulated vending on footpaths, sidewalks and lanes, and municipalities routinely issue licences for such activity. Liveman Law reports that the Court has now set up a constitutional clash between the pedestrian's right to walk and the vendor's right to livelihood under Article 19(1)(g), both occupying the same physical space.
The Indian Opinion
The usual framing pits pedestrians against vendors, but the real issue is urban planning failure. Neither right cancels the other, the Street Vendors Act already provides for designated vending zones with clear limits. The lazy narrative that the Supreme Court has created an unresolvable conflict ignores that the Act was Parliament's attempt to balance both interests. The test will be whether municipal bodies now enforce vending certificates strictly enough to leave adequate walking space, watch for the next MCD or BMC vending policy revision.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
