Supreme Court Declares Right to Walk on Footpaths a Fundamental Right

The Supreme Court of India has ruled that walking on demarcated footpaths is a fundamental right of citizens, one that takes precedence over the privilege of motor vehicles. A bench comprising Justices P S Narasimha and Atul S Chandurkar made this landmark declaration while hearing a case that originated from the tragic death of a five-year-old boy who was struck by a tanker while walking to school with his father. The court also urged Parliament to enact a dedicated law to give this right statutory backing and to hold civic officials accountable for footpath encroachments.

The judgment pointed out a deep irony in the way Indian roads have evolved. Walking as an activity predates wheeled transport by thousands of years, yet modern road infrastructure has been built almost entirely around motor vehicles. The court observed that the Motor Vehicles Act, 1988 — the primary law governing road use — treats pedestrian interests as incidental rather than central. Drivers are required only to avoid harming pedestrians; no provision positively protects the pedestrian's right to safe passage. The court noted that it had been attempting since 2012 to extract pedestrian protections from within that law, without satisfactory results.

The numbers behind this ruling are stark. Pedestrian deaths in road accidents in India rose from around 13,900 in 2015 to over 36,500 in 2024 — an increase of roughly 163 percent over nine years. This is far steeper than the 21 percent rise in total road fatalities over the same period. Pedestrians now account for more than one in five road deaths in the country, making them the second most vulnerable category after two-wheeler riders. The problem is compounded by widespread encroachment of footpaths by parked vehicles, vendors, and shop extensions, leaving pedestrians with no safe space to walk.

The Supreme Court held that this situation amounts to a constitutional failure. By declaring the right to walk on footpaths a fundamental right, the court has shifted the legal hierarchy: safe, unobstructed footpaths are no longer a discretionary amenity that municipal bodies may or may not provide — they are now a constitutional obligation wherever a road exists. Citizens whose right to a footpath is violated can now seek constitutional remedies, not merely the limited compensation routes available under the Motor Vehicles Act. The court also enhanced the compensation to the victim's family from the reduced amount granted by the High Court, restoring and increasing it to over Rs 11 lakh.

For exam aspirants, this judgment is significant across several dimensions. It links Article 21 (right to life and personal liberty) to road safety and pedestrian infrastructure — a new dimension of fundamental rights jurisprudence. It critically examines the Motor Vehicles Act, 1988, and calls for legislative reform to protect non-motorised road users. It also raises important questions about urban governance, the role of municipal bodies, and the duty of the state to protect vulnerable citizens. The demand for a new pedestrian-rights law makes this a live policy issue to watch.