Supreme Court: Right to walk on footpaths is a fundamental right.
The Supreme Court of India has declared the right to walk on safe, demarcated footpaths as a fundamental right, prioritizing it over vehicular movement. This landmark ruling obligates public authorities to provide and maintain pedestrian infrastructure, with violations potentially leading to legal remedies and compensation for citizens.
Key Highlights
- Right to walk on footpaths declared a fundamental right.
- Pedestrian right to walk now takes priority over vehicles.
- Public authorities must provide and maintain footpaths.
- Violations can lead to legal remedies and compensation.
- Supreme Court urges government to enact specific legislation.
In a landmark judgment delivered on June 19, 2026, the Supreme Court of India declared that the right to walk on safe, demarcated footpaths is a fundamental right, intrinsically linked to the right to life and personal liberty guaranteed under Articles 19 and 21 of the Constitution. The apex court asserted that this right must take precedence over the movement of motorised vehicles, addressing a long-standing issue of pedestrian marginalization in urban planning.
The bench, comprising Justices P.S. Narasimha and Atul S. Chandurkar, highlighted that the right to walk is a primary right that predates the advent of motorized transport. The court observed that for too long, urban development has disproportionately favored vehicles, relegating pedestrians to a nuisance and creating a "civilizational problem" of unsafe and uncomfortable walking spaces. This ruling aims to rectify that imbalance by affirming that if a road exists, there is a corresponding duty for urban development authorities, municipal corporations, municipalities, and even panchayats to ensure the demarcation, construction, maintenance, and safeguarding of adequate pedestrian infrastructure.
The judgment was delivered in a case involving the tragic death of a five-year-old boy who was hit by a truck while walking to school. The court not only declared the fundamental right to walk but also enhanced the compensation awarded to the child's family, underscoring the gravity of violations. It was noted that the existing Motor Vehicles Act had not adequately recognized or protected the right to walk, and in some ways, had even acted as an impediment. Therefore, the Court urged the central government to enact specific legislation to formalize this right, identify duty bearers, and establish a regulatory mechanism for its enforcement. The Registry was directed to forward the judgment to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways, as well as the Law Commission, to facilitate the creation of a statutory framework.
This ruling has significant implications for urban planning and infrastructure development across India. It mandates that pedestrian pathways are no longer optional but an essential component of public infrastructure. Citizens can now invoke constitutional and legal remedies against defaulting authorities for restitution and compensation, independent of any claims under the Motor Vehicles Act. The judgment signifies a crucial shift towards prioritizing pedestrian safety and accessibility, ensuring that common spaces are not monopolized by vehicles alone, and fostering more inclusive and livable urban environments. The court's emphasis on the right to walk being "inextricably connected to life" underscores its fundamental importance for a dignified existence. Furthermore, a related Supreme Court ruling from May 2025, also cited, had previously directed all states and Union Territories to frame guidelines for proper, accessible, and encroachment-free footpaths, emphasizing their importance for pedestrian safety and the need for disability-friendly infrastructure. This earlier directive further supports the current judgment's emphasis on public authorities' obligations.
Frequently Asked Questions
What did the Supreme Court of India declare regarding the right to walk?
The Supreme Court of India declared that the right to walk on safe, demarcated footpaths is a fundamental right, integral to the right to movement (Article 19(1)(d)) and the right to life and personal liberty (Article 21) of the Constitution.
Does the right to walk on footpaths take priority over vehicles?
Yes, the Supreme Court ruled that the fundamental right to walk on demarcated footpaths is primary and shall have priority over the movement of motorized vehicles.
Who is responsible for providing and maintaining footpaths?
The Supreme Court held that urban development authorities, municipal corporations, municipalities, and panchayats have a correlative duty to demarcate, construct, maintain, and safeguard footpaths and other necessary pedestrian infrastructure.
What happens if the right to walk on footpaths is violated?
If the right to walk on demarcated footpaths is violated, citizens are entitled to invoke constitutional and legal remedies against the responsible authorities for restitution and compensation. These remedies are independent of those available under the Motor Vehicles Act.
What action has the Supreme Court recommended regarding legislation?
The Supreme Court urged the government to bring a law that declares the right to walk on footpaths and recognizes the duty of municipal authorities and local bodies to build and maintain pedestrian infrastructure. The Court also directed copies of the judgment to be sent to relevant ministries and the Law Commission to facilitate the creation of a statutory framework.
