Overview
The Supreme Court of India has declared that every citizen has a fundamental right to walk on safe, demarcated footpaths. This right takes priority over motor vehicles. The Court urged the government to create a law protecting this right and making authorities responsible for building and maintaining footpaths on all roads.
Supreme Court: Walking is a Fundamental Right, Every Road Must Have a Footpath
The Supreme Court of India has given a landmark decision. It says that every citizen has a fundamental right to walk. This right includes the right to walk on a proper footpath. The Court also said that every road must have a well-demarcated footpath for pedestrians.
This important ruling came from a very sad case. A five-year-old boy was walking to his neighbourhood school with his father. A tanker lorry hit the boy from behind. The boy died from his injuries. The accident happened on a road that had no footpath or pedestrian crossing. The father, Maniyar Iliyaz, lost his young son in this tragic way.
The case first went to a Motor Accidents Claims Tribunal. The tribunal gave compensation of Rs 7.82 lakh. The insurance company appealed, and the High Court reduced this amount to Rs 4.70 lakh. When the case reached the Supreme Court, the judges did more than just decide the compensation. They looked at the bigger question of pedestrian safety in India.
What the Supreme Court Said
A bench of two judges, Justice P S Narasimha and Justice A S Chandurkar, gave the ruling. They said, "Right to walk is a fundamental right under Part III of the Constitution". This right comes from several articles of the Constitution. These include Article 19(1)(d), which gives the right to move freely. It also includes Article 19(1)(a) for free speech, Article 19(1)(b) for peaceful assembly, Article 19(1)(c) for forming associations, and Article 21, which protects the right to life.
The Court made it very clear: "The fundamental right to walk will take within its sweep the right to demarcated footpaths". This means that having a proper footpath is not a luxury. It is a basic right. The Court also said something very important. It said that the right of pedestrians on footpaths is primary . It shall have priority over movement by motorised vehicles .
Justice Narasimha, writing the judgment, said, "If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for walkers. This is an enforceable duty". He added, "The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle".
Who is Responsible for Footpaths?
The Supreme Court placed a clear duty on the government and civic bodies. The Court named the "duty bearers" who must build and maintain footpaths. These include:
All these bodies must "demarcate, construct, maintain and safeguard footpaths and other necessary pedestrian infrastructure". The Court said that walking is integral to life. Therefore, providing safe spaces for walking is one of the most basic duties of any government.
What Citizens Can Do If Their Right is Violated
The Supreme Court gave citizens a powerful tool. If a person's right to walk on a footpath is violated, they can directly approach the High Court or the Supreme Court. They can file writ petitions against civic authorities and governments. They can seek restitution and compensation.
This remedy is independent of the compensation people can get under the Motor Vehicles Act through Motor Accident Claims Tribunals. So, even if someone gets compensation for a road accident, they can still take separate legal action against authorities for not providing proper footpaths.
Why This Judgment Matters
The Court was very critical of how Indian cities have been planned. It said that over time, urban planning has prioritised motorised transport over human movement. The judges observed, "It is rather strange that we failed to focus on recognising and securing this 'right to walk'. It may be because wheels eclipsed our imagination".
The Court also pointed to a kind of "elitism" in our approach. In the past, only rich people owned motor vehicles. Roads were built for them. As cheaper vehicles became available, motor transport took over completely. Pedestrians were pushed aside and treated as a nuisance. The Court said, "This should stop from now on".
The judges also spoke about the deeper meaning of walking. They said walking has deep cultural, social, and political roots in India. It was part of the freedom struggle. Walking is not just physical movement. It also represents freedom of expression, assembly, and association. The Court noted with sadness that the word "pedestrian" has acquired negative meanings in our society.
The Court asked a very simple question: "In reality, how much does it take to create a well-demarcated footpath wherever a road exists? All that the fundamental right to walk demands is a comfortable space for an easy and carefree walk". It added, "Should this not be the minimum of the minimum duty that a municipal authority owes to the citizens?"
The Need for a New Law
The Supreme Court noted that there is currently no law that guarantees the right to walk on footpaths. It urged the Union Government to enact a law. This law should mandate well-demarcated footpaths for every road. The Court asked its registry to send a copy of the judgment to three ministries:
The Court also urged the Law Commission to examine the issue. The Commission should suggest a statutory framework for protecting this right. It should identify the duty bearers and lay down remedies for citizens. The Court said that without a proper legal framework, the right to walk would remain only on paper.
The Compensation Awarded
In the case of the five-year-old boy, the Supreme Court set aside the High Court's order. It said the High Court had made an error in reducing the compensation. The Court enhanced the compensation to Rs 11,44,628 and directed that it be paid within two months.
A Vision for Better Cities
The Supreme Court painted a beautiful picture of what Indian cities and towns could look like. It said, "A wide, well-demarcated and uninterrupted footpath can change the beauty of, and equitable access to, our cities and towns and could truly be transformative of our urban and rural living".
This judgment is not just about one tragic accident. It is about creating a more just and humane India. It is about recognising that every person, rich or poor, young or old, has the right to walk safely on the roads of their own country. The Court has given a clear message: pedestrians matter, and their safety is not a choice but a fundamental right.
Exam-Focused Points
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Right to walk is now a fundamental right under Part III of the Constitution.
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It is derived from Article 19(1)(d) (right to move freely) read with Articles 19(1)(a), (b), (c) and 21 .
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The right includes the right to demarcated footpaths on all roads.
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Pedestrian rights have priority over motorised vehicles on footpaths.
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Duty bearers include urban development authorities, municipal corporations, municipalities, and panchayats.
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Citizens can approach High Courts and the Supreme Court directly if this right is violated.
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The judgment came from a case involving the death of a five-year-old boy who had no footpath to walk on.
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The Court urged the government to enact a law protecting this right.
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Compensation of Rs 11,44,628 was awarded to the father of the deceased child.
FAQs
Q1: Is walking on a footpath now a fundamental right in India?
Yes, the Supreme Court has declared that the right to walk on a demarcated footpath is a fundamental right under the Constitution of India.
Q2: Which articles of the Constitution support this right?
The right comes from Article 19(1)(d) (right to move freely), read with Article 19(1)(a), (b), (c), and Article 21 (right to life).
Q3: What can I do if there is no footpath on my road?
You can file a writ petition in the High Court or the Supreme Court against the civic authorities for violating your fundamental right to walk.
Q4: Who is responsible for building and maintaining footpaths?
Urban development authorities, municipal corporations, municipalities, and even panchayats are responsible for this duty.
Q5: Does this judgment mean