Sir,

Sub: Side walk /Foot path “The use of such areas shall be restricted to the cause for which

these are meant .”- Pedestrian Right

Sidewalks are owned by the civic body on behalf of the city’s citizens. Who is

accountable for the safety of pedestrian .

We have the various old age members, children along with their family member in housing societies in Mumbai ,we hereby request you that as many members has to travel by bus and train to reach their place of work for to earn their daily livelihood .To reach to the bus stop / railway station members need to made use of side walk. Please keep this in mind while issuing any order in your day to day administration.

With reference to the Article 19 which guarantees fundamental rights of freedoms 19(1) d “. the right of the commuters to move freely and use the roads without any impediment” - Freedom to move freely throughout the territories of india, the same is to be seen along with Article 21 of the of the constitution Protection of Life and Personal Liberty. The pedestrian may claim the protection of Article 21 in the following cases:



1)As part of the right to life.- The pedestrian today faces a threat to his life everyday by merely stepping outside his house. The scant regard to the rights of the pedestrian by authorities, improper pavements or no Pavements etc have made walking virtually impossible in Mumbai.





2)As part of the right to livelihood- the people who were walking, were people who were walking with the purpose of business or service. Thus when the roads of the city become hostile for a walker it at times may lead to him being deprived of a means to reach his source of livelihood thus violating Article 21. Moreover, the general observation has been that it is the people of the lower economic group who resort to walking; hence when the person from this group is deprived of his right to livelihood it is not him alone but the entire family which suffers.





3)As part of the right to a clean environment and health- If one applies this principle then the present Environment in the cities is an imminent threat to the life of the pedestrian. As has been cited before the pedestrian constitutes nearly 50% of the road fatalities.

Thus the pedestrian also being a person has the right to life which needs to be secured by the

State. The state can no longer continue to ignore the safety of the pedestrian; such continued

ignorance amounts to a violation of Article 21.



“ORDINANCE REQUIRED”

“No regulation order shall be made with respect to a pavement /sidewalk, which has the effect of preventing at anytime access to the pedestrian to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians.”

“The use of such areas shall be restricted to the cause for which these are meant .”



Prayer:

1) Direct to issue the ordinance as above immediately before 30 th June and adhere to follow the same w.e.f.1-7-2014. Not following the same will be punishable with fine and imprisonment of 7 years. Till the issue of ordinance both the victims in case of accident will get 25 lacs due to deficiency of services to Pedestrian & Motor vehicle driver under the constitutional fundamental right. Please introduce the Pedestrian Act of 2014. more