In a significant ruling with wide-ranging implications for urban infrastructure and road safety, the Supreme Court on Friday declared that the right to walk on designated footpaths is a fundamental constitutional right and must be given priority over the movement of motor vehicles.
A bench comprising Justices P.S. Narasimha and Atul S. Chandurkar held that the right to walk is derived from Article 19(1)(d) of the Constitution, which guarantees freedom of movement, read alongside Articles 19(1)(a), 19(1)(b), 19(1)(c), and Article 21, which protects the right to life. “The citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles,” the bench observed.
The court emphasised that whenever a road is constructed, authorities have a corresponding obligation to provide and maintain safe pedestrian infrastructure. It stated that urban development bodies, municipal corporations, municipalities and panchayats are responsible for demarcating, constructing, preserving and protecting footpaths.
The bench further ruled that any violation of this right would enable citizens to seek constitutional remedies, including compensation, independent of the provisions of the Motor Vehicles Act. The judgment is expected to influence future urban planning policies and road development projects across the country, placing greater emphasis on pedestrian safety and accessibility in both urban and rural areas.
The case arose from a civil appeal filed by Maniyar Iliyaz alias Shaik Riyaz, whose five-year-old son was killed in a road accident. The child was walking to a nearby school with his father around 9 am when a tanker lorry struck him from behind. He later succumbed to his injuries.
Reflecting on the broader issue, the bench remarked, “Accidents like this continue to occur, perhaps they are inevitable till we restructure our rights regime as regards access to roads and recognise their correlative duties.” Describing walking as the “simplest of the simple human activity”, the court noted that it has long been an integral part of Indian culture, daily life and even the country’s freedom movement.
The judges observed that policies framed under the Motor Vehicles Act have often favoured motorised transport at the expense of pedestrians, resulting in inadequate or unsafe footpaths. “While the right to walk is inextricably connected to life, our Constitution recognises and guarantees it as a fundamental right,” the bench said, adding that “wheels eclipsed our imagination” when it came to urban planning priorities.
To ensure further action, the Supreme Court directed its registry to forward copies of the judgment to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways, as well as the Law Commission, for consideration of appropriate legal and policy measures.
The court also recommended the creation of a dedicated regulatory mechanism to safeguard and strengthen the right to walk. In a notable procedural development, the apex court converted the matter into a petition under Article 32 of the Constitution and made the Union Government a party to the proceedings. On the issue of compensation, the bench restored and enhanced the amount payable to the bereaved father to Rs 11,44,628, overturning the High Court’s reduction of the award. The court directed that the compensation be paid within two months.
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