Subject:Fundamental Right -Article 19 which guarantees fundamentalrights of freedoms 19(1) d & is to be seen along with Article 21 of the ofthe constitution Protection of Life and Personal Liberty.
Sub: Side walk /Foot path “The use of such areasshall be restricted to the cause for which
these are meant .”- Pedestrian Right
Sidewalks are owned by the civicbody on behalf of the city’s citizens. Who is
accountable for the safety ofpedestrian .
We havethe various old age members, childrenalong with their family member in our society ,we hereby request youthat as many members has to travel bybus and train to reach their place of workfor to earn their dailylivelihood .To reach to the bus stop / railway station members need to made use ofside walk. Please keep this in mind while issuing any order in your dayto day administration.
With reference to the Article 19whichguarantees fundamental rights offreedoms 19(1) d “. the right of the commuters to move freely and usethe roads without any impediment” - Freedom to move freely throughout theterritories of india, the same is to beseen along with Article 21 of the of the constitution Protection of Lifeand Personal Liberty. The pedestrian may claim theprotection of Article 21 in the following cases:
1)As part of the right to life.- The pedestrian today faces a threat tohis life everyday by merely stepping outside his house. The scant regard to therights of the pedestrian by authorities, improper pavements or no Pavements etchave made walking virtually impossible in Mumbai.
2)As part of the right to livelihood- the people who were walking, werepeople who were walking with the purpose of business or service. Thus when theroads of the city become hostile for a walker it at times may lead to him beingdeprived of a means to reach his source of livelihood thus violating Article21. Moreover, the general observation has been that it is the people of thelower economic group who resort to walking; hence when the person from thisgroup is deprived of his right to livelihood it is not him alone but the entirefamily which suffers.
3)As part of the right to a clean environment and health- If one appliesthis principle then the present Environment in the cities is an imminent threatto the life of the pedestrian. As has been cited before the pedestrian constitutesnearly 50% of the road fatalities.
Thus the pedestrian also being a person has the right to life whichneeds to be secured by the
State. The state can no longer continue to ignore the safety of thepedestrian; such continued
ignorance amounts to a violation of Article 21.
“No regulation order shall be made with respect to a pavement /sidewalk,which has the effect of preventing at anytime accessto the pedestrian to any premises situated on or adjacent to the road, or toany other premises accessible for pedestrians.”
“The use of such areas shall be restricted to thecause for which these are meant .”
Email firstname.lastname@example.org more