Right To Footpaths Fundamental: Supreme Court

The Supreme Court has held that the right to walk on safe, demarcated footpaths is a fundamental right under Part III of the Constitution and will take priority over the movement of motorised vehicles.

A Bench of Justice PS Narasimha and Justice Atul S Chandurkar ruled that the right to walk is integral to the freedom of movement under Article 19(1)(d), read with Articles 19(1)(a), 19(1)(b), 19(1)(c) and 21 of the Constitution, Live Law and Bar & Bench report.

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“The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d)... The fundamental right to walk will take within its sweep the right to demarcated footpaths. These rights are primary and shall have priority over movement by motorised vehicles,” the Court said.

The Court also stressed that public authorities have a corresponding duty to provide and maintain pedestrian infrastructure. It held that if a road exists, there must be demarcated and well-maintained footpaths for walkers.

“The duty bearers are the urban development authorities, municipal corporations, municipalities and even panchayats who must endeavour to demarcate, construct, maintain and safeguard footpaths and other necessary pedestrian infrastructure,” the Bench said.

Recognising the lack of legal protection for pedestrians, the Court called for a statutory framework to safeguard the right to walk. It directed the Registry to send a copy of the judgment to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways for consideration of a legal framework.

“Insofar as the right to walk on demarcated footpaths is concerned, though it is integral to Articles 21 and 19(1)(d), there is no legislation. It is compelling to lay down a statutory framework not only for declaring the right, but also to recognise the duty bearers,” the Court observed.

The Court also directed that a copy of the judgment be forwarded to the Law Commission of India to examine a statutory framework for protecting pedestrian rights, identifying duty bearers and providing remedies. It further suggested the establishment of a regulatory body to plan, enforce and implement the right to walk on footpaths.

The Bench observed that urban planning has long prioritised motor vehicles over pedestrians, leaving walkers vulnerable.

“It is rather strange that we fail to focus on recognising and securing the right to walk. It may be because wheels eclipsed our imagination,” the Court remarked, adding that pedestrians have increasingly been treated as a nuisance by drivers.

“This should stop from now on as we declare the fundamental right to walk on demarcated footpaths,” it said.

The Court further held that violation of the right to walk on footpaths would entitle citizens to seek constitutional and legal remedies, including restitution and compensation, independent of remedies available under the Motor Vehicles Act, 1988.

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The ruling came while deciding an appeal arising from the death of a five-year-old boy who was hit by a tanker while walking to school with his father. The Court noted that there was no footpath or pedestrian crossing at the accident site.

The child’s father had sought compensation of ₹25 lakh before the Motor Accidents Claims Tribunal. While the tribunal awarded ₹7.82 lakh with 6% interest, the High Court reduced it to ₹4.70 lakh. Setting aside the High Court order, the Supreme Court enhanced the compensation to ₹11.44 lakh and directed that it be paid within two months.

The Court also ordered that the matter be converted into a separate proceeding, titled Re: Fundamental Right to Walk and Footpath, for continued monitoring of larger issues relating to pedestrian rights and infrastructure. It asked the Union government, through the concerned ministries, to assist the Court in examining the issues further.

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