In a landmark ruling, the Supreme Court on Thursday declared that the right to walk on a designated footpath is a fundamental right, holding that pedestrians must be given priority over motorized vehicles on demarcated walkways.
The judgment, delivered by a bench of Justices PS Narasimha and AS Chandurkar, stated that the right to walk is an essential component of the freedom of movement guaranteed under Article 19(1)(d) of the Constitution and is closely linked to other fundamental rights, including the right to life and personal liberty under Article 21.
The court observed that citizens have a primary right to use footpaths and that this right must take precedence over vehicular movement wherever pedestrian infrastructure exists.
“The right to walk is a fundamental right under Part III of the Constitution. It is integral to the freedom of movement and extends to the right to safe and demarcated footpaths. These rights are primary and shall have priority over motorized transport,” the bench held.
The ruling came while hearing a motor accident compensation case involving a father who lost his five-year-old son in a road accident while taking him to school.
Highlighting the responsibilities of public authorities, the court said the right to walk carries a corresponding obligation on governments and civic bodies to create and maintain pedestrian infrastructure.
“If a road exists, there is a duty to ensure the presence of clearly demarcated and properly maintained footpaths,” the bench said.
It identified urban development authorities, municipal corporations, municipalities and panchayats as the agencies responsible for constructing, preserving and safeguarding footpaths and pedestrian facilities.
The court further held that citizens whose right to walk is violated can seek constitutional and legal remedies, including compensation and restitution. It clarified that such remedies would be separate from those available under the Motor Vehicles Act.
The bench directed the Supreme Court registry to forward the judgment to the relevant central ministries and the Law Commission for consideration of an appropriate legal framework.
Emphasising the historical importance of pedestrian rights, the court remarked that people were walking long before the invention of wheeled transport and that the freedom to walk is the most basic form of movement protected by the Constitution.
“The fundamental right to walk predates the right to move on wheels. Citizens must be guaranteed safe, accessible and well-defined footpaths,” the court observed.
The judges lamented that pedestrian rights have long been overlooked, noting that rapid growth in motorised transport has pushed walkers to the margins and often turned footpaths into spaces dominated by vehicles.
“It is unfortunate that pedestrians are frequently treated as obstacles while roads and footpaths are increasingly taken over by motor vehicles. This situation must change,” the court said.
The bench also criticised the Motor Vehicles Act for being primarily vehicle-centric, arguing that pedestrian interests have traditionally been treated as secondary concerns.
According to the court, the lack of safe and accessible footpaths has evolved into a broader societal issue. It stressed that the right to walk requires nothing more than secure and comfortable spaces where citizens can move freely without fear.
Reaffirming its position, the court said that whenever a road is built, authorities must ensure the provision and upkeep of footpaths. It added that this obligation is enforceable and that pedestrian rights will override the privileges enjoyed by motor vehicles on designated walkways.
In the case before it, the Supreme Court restored and enhanced the compensation awarded to the child’s father, directing payment of ₹11.44 lakh within two months and setting aside a High Court order that had reduced the amount.
The court also ordered the registration of a separate matter titled “Re: Fundamental Right to Walk and Footpath”, impleading the Union government through the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways. Additional Solicitor General KM Nataraj has been asked to assist the court in the proceedings.
