SC Says Safe, Demarcated Footpaths Are Constitutional Right; Directs Centre to Frame Legal Framework
New Delhi, July 27: In a landmark judgment with far-reaching implications for urban planning and pedestrian safety, the Supreme Court of India has declared that the right to walk on safe, demarcated footpaths is a Fundamental Right under the Constitution, holding that pedestrian rights must receive priority over the movement of motorised vehicles. Right to Footpath is Fundamental right 2026 SC.
Delivering the judgment in Maniyar Iliyaz @ Shaik Riyaz & Another vs P. Ayyappan & Others, a Bench comprising Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar observed that the constitutional guarantee of free movement under Article 19(1)(d) begins with the right to walk, and that this right is inseparable from the right to life under Article 21.
The case arose from the tragic death of a five-year-old boy who was crushed by a tanker while walking to school with his father on a road that had neither a footpath nor a pedestrian crossing. Referring to the incident, the Court said such tragedies continue because the rights of pedestrians have long been ignored in India’s transport and urban development policies. Right to Footpath is Fundamental right 2026 SC.
The Court categorically ruled that the fundamental right to walk includes the right to safe, clearly demarcated footpaths, adding that this right is primary and must override the privilege of motorised vehicles. It observed that walking is the most basic form of human movement and should not be subordinated to motor traffic. Right to Footpath is Fundamental right 2026 SC.
Emphasising the responsibilities of public authorities, the Bench held that wherever a road exists, there is a corresponding legal duty to provide and maintain safe footpaths. It identified Urban Development Authorities, Municipal Corporations, Municipalities and Panchayats as duty bearers responsible for constructing, maintaining and safeguarding pedestrian infrastructure.
The Supreme Court observed that the Motor Vehicles Act, 1988, is primarily designed to regulate motor vehicles and does not recognise or adequately protect the fundamental rights of pedestrians. The Bench noted that pedestrian interests remain incidental under the existing legal framework and stressed the need for a dedicated statutory regime protecting the right to walk. Right to Footpath is Fundamental right 2026 SC.
Calling for comprehensive legal reforms, the Court directed its Registry to forward a copy of the judgment to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways, as well as the Law Commission of India, to examine and frame legislation recognising the right to walk, identifying duty bearers, providing legal remedies and establishing a regulatory authority for pedestrian rights. Right to Footpath is Fundamental right 2026 SC.
The Bench further ruled that citizens whose right to walk on safe footpaths is violated would be entitled to seek constitutional and legal remedies, including restitution and compensation, independently of any claims available under the Motor Vehicles Act.
On the compensation aspect, the Court set aside the High Court’s order reducing compensation awarded to the deceased child’s family and enhanced the amount to ₹11,44,628, directing that the compensation be paid within two months. Right to Footpath is Fundamental right 2026 SC.
In its concluding directions, the Supreme Court formally declared that the right to walk is a Fundamental Right under Part III of the Constitution, integral to Articles 19(1)(a), 19(1)(b), 19(1)(c), 19(1)(d) and Article 21, and ordered that the matter be re-registered as “Re: Fundamental Right to Walk and Footpath” for further consideration of the broader constitutional issues. Right to Footpath is Fundamental right 2026 SC.(KNC)
