The Supreme Court on Friday ruled that every citizen has a fundamental right to walk on demarcated footpaths. The judgment holds that this right flows from constitutional guarantees of free movement, expression, assembly, association, and the right to life. It imposes a duty on public authorities to provide and maintain such infrastructure.
A bench of justices P.S. Narasimha and Atul S. Chandurkar delivered the ruling in a motor accident compensation case involving the death of a child pedestrian. The court stated that if a road exists, authorities must demarcate and maintain footpaths, with pedestrian rights taking precedence over motorised vehicles.
The judgment declared the right to walk integral to Article 19 and Article 21 of the Constitution. It makes the right judicially enforceable, allowing citizens to seek remedies including restitution and compensation from urban development authorities, municipal corporations, municipalities, and panchayats.
The court directed copies of the judgment to the ministries of housing and urban affairs, rural development, and road transport and highways. It also called for a regulatory body to protect pedestrian interests and urged the law commission to examine the required legal framework. The proceedings were renumbered as a petition under Article 32 titled “Re: Fundamental Right to Walk and Footpath”.
