Right to Walk on Safe Footpaths: Supreme Court Declares It a Fundamental Right

Recently, the Supreme Court of India, in a landmark judgment, held that the right to walk on safe and demarcated footpaths is a Fundamental Right under the Constitution.
The Court urged the Union and State Governments to consider enacting a comprehensive law to legally recognize this right and ensure the construction, maintenance, and protection of pedestrian infrastructure.

What Was the Case About?

The judgment arose from a motor accident compensation case involving the death of a five-year-old boy who was walking to school with his father.
A tanker hit the child from behind, resulting in fatal injuries. The accident occurred on a road that had neither a footpath nor a pedestrian crossing.
The Supreme Court not only enhanced the compensation awarded to the victim’s family to ₹11.44 lakh, but also made significant constitutional observations regarding pedestrian safety and rights.

The right to move freely throughout the territory of India under Article 19(1)(d) includes the right to walk.
Access to safe and demarcated footpaths is also linked to Article 21, which guarantees the Right to Life and Personal Liberty.
The right to walk is not subordinate to motorized transport; rather, it is a primary and fundamental mode of movement.
Urban development authorities, municipal corporations, municipalities, and panchayats have a duty to construct, demarcate, maintain, and protect footpaths.
Citizens whose right to walk safely is violated are entitled to seek constitutional remedies, legal relief, and compensation.

The Court observed that the Motor Vehicles Act, 1988 primarily focuses on the regulation of motor vehicles and does not adequately protect pedestrian rights.
In several respects, the existing framework has failed to provide sufficient safeguards for walkers.

The Supreme Court emphasized the need for a statutory framework that would :

Explicitly recognize the right to walk on safe footpaths.
Identify and define the responsibilities of duty-bearing authorities.
Provide quick remedies and compensation mechanisms for violations.
Establish a dedicated regulatory body to plan, enforce, and implement pedestrian rights.

The judgment is a major step toward strengthening pedestrian rights, road safety, inclusive urban development, and people-centric transportation planning in India.
The Court underscored that roads are not meant exclusively for motor vehicles; they must also be safe, accessible, and equitable spaces for pedestrians.