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NEW DELHI: In a landmark ruling that could reshape urban infrastructure and road safety priorities across India, the Supreme Court has recognised the right to walk safely on demarcated footpaths as a fundamental right under the Constitution.
The judgment emphasises that this right takes precedence over the movement of motorised vehicles and calls upon authorities to treat the construction and maintenance of pedestrian pathways as an enforceable duty.
Core of the Judgment: Pedestrian Rights Take Priority
Delivered by a bench comprising Justices P.S. Narasimha and A.S. Chandurkar, the verdict states that citizens have a fundamental right to safe, well-demarcated, and unobstructed footpaths.
This right flows primarily from Article 19(1)(d), the freedom to move freely throughout the territory of India and is also linked to the right to life and personal liberty under Article 21.
The court held: “The citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles.” It further declared that if a road exists, authorities have a corresponding duty to ensure a footpath is demarcated and maintained.
The bench observed that the dominance of motor vehicles has historically marginalised pedestrians, treating walkers as secondary users of public roads.
It described this imbalance as a “civilisational problem” and stressed that walking, an activity predating wheeled transport by millennia, must now be constitutionally protected.
Background: Tragic Case That Sparked Wider Reflection
The judgment arose from an appeal concerning the death of a five-year-old boy who was struck by a tanker while walking to school with his father in 2016.
The Supreme Court enhanced the compensation awarded to the father from the reduced amount set by the High Court to ₹11.44 lakh, to be paid within two months.
Justice Narasimha remarked poignantly: “Who could have ever imagined that it would be the last walk with his son?” The case prompted the court to examine not just compensation but the systemic neglect of pedestrian safety.
Rising Pedestrian Fatalities
The ruling comes against a grim backdrop of road safety statistics. According to Indian Express analysis, pedestrian deaths in India have more than doubled in the last decade, rising from 13,894 in 2015 to 36,526 in 2024, a surge of nearly 163%.
Their share in total road fatalities has climbed from 9.5% to over 20.6%, making pedestrians the second-largest category of road death victims after two-wheeler users.
This increase occurred even during the COVID-19 pandemic years, highlighting persistent vulnerabilities. Encroachments by vehicles, shops, and other structures on footpaths remain commonplace in cities, forcing pedestrians onto busy carriageways.
Critique of Existing Legal Framework
The court scrutinised the Motor Vehicles Act, 1988, noting that it primarily focuses on vehicles, treating human interests as incidental.
While the 2017 Motor Vehicles (Driving) Regulations advise caution towards vulnerable road users, the bench found these insufficient to recognise or enforce pedestrian priority.
It observed that previous judicial efforts since 2012 to embed pedestrian rights within the Act have yielded limited results, underscoring the need for stronger statutory backing.
Call for Legislation and Enforcement
The Supreme Court urged the government to introduce dedicated legislation to codify the right to walk, establish clear accountability for officials, and create mechanisms for restitution and compensation when the right is violated.
It emphasised that violations should enable citizens to seek constitutional remedies beyond those under the Motor Vehicles Act.
Authorities, including municipal bodies and road-owning agencies, now face a constitutional obligation to construct, maintain, and safeguard footpaths wherever roads exist.
The ruling carries wide-ranging implications for urban planning, road design, and public policy.
It could drive greater investment in pedestrian infrastructure, promote walkable cities, reduce road fatalities, and support sustainable mobility goals.
It also aligns with constitutional values by reconnecting modern infrastructure priorities with the fundamental act of walking, historically central to India’s freedom struggle, politics, and social reforms.
Implementation will require coordinated action across states, union territories, and local bodies, including clearing encroachments and ensuring accessibility, potentially with provisions for differently-abled users. Balancing this with existing traffic demands and funding constraints will test administrative resolve.
This judgment represents a significant judicial intervention to correct decades of vehicle-centric development. Its success will ultimately depend on proactive enforcement and legislative follow-through, potentially marking a turning point toward safer, more inclusive public spaces in India.
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