SC recognises right to walk on safe footpaths as fundamental right
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The Supreme Court on Friday stated that the right of citizens to walk on properly demarcated and safe footpaths is a fundamental right under the Constitution and called on the government to introduce legislation recognising this right.
A bench of Justices P. S. Narasimha and Atul S. Chandurkar observed that the right to walk falls within the constitutional right to freedom of movement under Article 19 and the right to life under Article 21. The court said pedestrian rights should take priority over the movement of motorised vehicles, Indian Express reported.
The court noted that recognising the right to walk also places responsibility on urban development authorities, municipal bodies and panchayats to create, maintain and protect footpaths and other pedestrian facilities wherever roads exist.
It said that citizens could seek constitutional and legal remedies, including compensation and restoration, if their right to use proper footpaths was violated. The court clarified that such remedies would be separate from those available under the Motor Vehicles Act.
The judgment was delivered while hearing a motor accident compensation case involving the death of a five-year-old boy. The child was walking to school with his father when a tanker struck him from behind, causing fatal injuries.
The Motor Accidents Claims Tribunal had earlier awarded compensation of ₹7.82 lakh with interest. After an appeal by the insurance company, the high court reduced the amount to ₹4.70 lakh. The Supreme Court held that the reduction was incorrect and increased the compensation to ₹11,44,628, directing that the amount be paid within two months.
The court observed that although walking is closely linked with the right to life, sufficient attention had not been given to protecting pedestrians. It said urban planning had largely focused on creating roads for vehicles while neglecting the needs of walkers.
The bench remarked that increasing dependence on motorised transport had pushed pedestrians to the margins and resulted in unsafe conditions where walkers and footpaths were often treated as obstacles by motorists.
The court emphasised that this approach must change and that safe, clearly marked footpaths alongside roads should be recognised as an essential part of public infrastructure.