In a landmark judgment, the Supreme Court on Friday declared that the right to walk on safe and demarcated footpaths is a fundamental right guaranteed under Articles 19 and 21 of the Constitution, holding that it takes precedence over the privilege of motorised vehicles on public roads.
A Bench comprising Justice PS Narasimha and Justice AS Chandurkar ruled that public authorities have an enforceable duty to provide and maintain footpaths wherever roads exist.
“If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for the walkers. This is an enforceable duty. The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle,” the Court said.
The Bench observed that Indian cities have historically prioritised motorised transport over pedestrians, leaving walkers vulnerable and marginalised. It described the lack of safe and accessible footpaths as a “civilisational problem” and noted that urban planning has long focused on vehicles at the expense of human movement.
Stressing that common public spaces cannot be monopolised by motorists, the Court said the freedom to walk is a constitutional guarantee, subject only to reasonable restrictions. It added that pedestrians have increasingly been treated as a nuisance on roads dominated by vehicles.
“This should stop from now on as we declare the fundamental right to walk on demarcated footpaths alongside motorised roads,” the Bench stated.
The Court identified Urban Development Authorities, Municipal Corporations, Municipalities and Panchayats as the primary duty-bearers responsible for creating and maintaining pedestrian infrastructure. It further held that citizens can seek legal remedies if authorities fail to provide safe walking spaces, apart from claiming compensation under the Motor Vehicles Act in accident cases.
Highlighting the absence of a dedicated legal framework governing pedestrian rights, the Court recommended the creation of a regulatory body and directed that a copy of the judgment be sent to the concerned ministries and the Law Commission for consideration of legislation defining pedestrian rights, duties and enforcement mechanisms.
The observations came while hearing a case involving the death of a five-year-old child who was hit by a tanker while walking to school with his father. The Court noted that the accident occurred in an area without a footpath or pedestrian crossing.
Setting aside a High Court order that had reduced compensation awarded to the child’s family, the Supreme Court enhanced the compensation to Rs 11.44 lakh.
The Court also ordered that the matter be converted into a separate proceeding before the Supreme Court to examine broader issues concerning pedestrian rights and infrastructure, and sought assistance from the Union government in addressing the issue. Advocate Mamidipudi V Mukunda assisted the Court as amicus curiae.
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