New Delhi: In a landmark judgment with far-reaching implications for urban planning and road safety, the Supreme Court of India has ruled that the right to walk is a fundamental right and that citizens are entitled to safe, well-demarcated footpaths. The court urged the Union government to enact legislation mandating footpaths on all roads to protect pedestrians and ensure safe mobility.
A bench comprising Justices P.S. Narasimha and Atul S. Chandurkar held that the right to walk flows from the constitutional guarantee of freedom of movement and the right to life. The court emphasized that pedestrian rights are primary and should take precedence over the movement of motor vehicles.
The judgment stated that if a road exists, authorities have a corresponding duty to provide and maintain safe footpaths. Urban development authorities, municipal corporations, municipalities and panchayats were identified as responsible for constructing, demarcating and safeguarding pedestrian infrastructure.
The ruling came while hearing a motor accident compensation case involving the death of a five-year-old boy who was struck by a tanker while walking to school on a road that lacked a footpath. The Supreme Court observed that the absence of pedestrian infrastructure continues to endanger lives and enhanced the compensation awarded to the victim’s family.
In a strongly worded observation, the court noted that India’s roads have increasingly been designed around motorized transport, often pushing pedestrians to the margins. It described the lack of safe and accessible footpaths as a “civilizational problem” that requires urgent correction.
The court further held that citizens can seek constitutional remedies, including restitution and compensation, if their right to walk on safe footpaths is violated. These remedies would be separate from claims available under the Motor Vehicles Act.
The Supreme Court also encouraged the Centre and the Law Commission to consider a comprehensive statutory framework for pedestrian rights, including the establishment of a dedicated regulatory mechanism to oversee footpath infrastructure, enforcement and accountability.
The verdict is expected to influence future urban development policies across India, placing greater emphasis on pedestrian-friendly infrastructure, road safety and accessibility. Experts believe the ruling could become a turning point in how cities and towns design public spaces, ensuring that walking is treated not merely as a mode of transport but as a constitutionally protected right.
