Right to Walk: The Supreme Court declared the Right to Walk on Footpaths as a Fundamental Right under Article 21

The Supreme Court of India declared the right to walk safely on demarcated footpaths a Fundamental Right under Article 21 (Right to Life) and Article 19(1)(d) (Freedom of Movement).

The division bench of Justices P.S. Narasimha and Atul S. Chandurkar delivered this landmark judgment on June 19, 2026. The ruling directly addresses India's worsening road safety crisis, where car-centric urban design has severely marginalized pedestrians. Between 2015 and 2024, pedestrian deaths in India surged by nearly 163%, skyrocketing from 13,894 to 36,526 annual fatalities.

Core Tenets of the Landmark Judgment:

• Absolute Pedestrian Priority: The Court ruled that pedestrians possess the primary right to use designated pathways, which strictly overrides the privileges and movements of motorized vehicles.
• Enforceable Civic Duty : Local governance bodies-including Urban Development Authorities, Municipal Corporations, Municipalities, and Panchayats-now hold a mandatory, legally enforceable duty to build and maintain safe, unobstructed footpaths wherever a road exists.
• Independent Legal Remedies : Citizens facing encroached, broken, or non-existent footpaths can directly invoke constitutional and legal remedies to claim restitution or financial compensation. This stands completely independent of the existing Motor Vehicles Act, 1988.

Origin of the Case : The apex court's ruling emerged from a tragic motor accident compensation case (Maniyar Iliyaz v. P. Ayyappan) involving a five-year-old boy who was killed by a water tanker while walking to school with his father. The accident occurred on a stretch of road entirely devoid of a footpath or safe pedestrian crossing. Directives Issued to the Government Noting a severe"legal vacuum" where existing statutes regulate motor traffic but fail to protect walkers, the Supreme Court issued structural directives to force systemic change:

1. Statutory Framework Request: The Court sent copies of the judgment to the Law Commission of India and ministries overseeing Housing, Rural Development, and Road Transport to formulate a dedicated national law protecting pedestrian rights.
2. Dedicated Regulatory Body: The bench recommended setting up a full-time, independent regulator to plan, implement, and enforce footpath standards across the country without interference from governmental or industrial groups.
3. Public Interest Transformation: The Court formally re-registered the matter as an ongoing petition under Article 32 of the Constitution, titled"Re: Fundamental Right to Walk and Footpath," to keep monitoring municipal compliance.