Supreme Court recognized the right of pedestrians to walk on footpaths as a fundamental right under Articles 19(1)(d) and 21 of the Constitution

Supreme Court recognised the right of pedestrians to walk on demarcated footpaths as a fundamental right under Articles 19(1)(d) and 21 of the Constitution, holding that it takes precedence over the movement of motorised vehicles.

Key Highlights of the Judgment

¨     The right to walk is a fundamental right under Part III of the Constitution.

¨     The fundamental right to walk includes the right to access safe, demarcated and well-maintained footpaths.

¨     These rights are primary and shall have priority over movement by motorised vehicles.

¨     If a road exists, there is a corresponding duty to ensure that demarcated and maintained footpaths are available for pedestrians.

¨     Duty bearers include Urban Development Authorities, Municipal Corporations, Municipalities and Panchayats.

¨     These authorities must endeavour to demarcate, construct, maintain and safeguard footpaths and pedestrian infrastructure.

¨     Violation of the right to walk on demarcated footpaths will entitle citizens to invoke constitutional and legal remedies for restitution and compensation.

¨     Such remedies are independent of remedies available under the Motor Vehicles Act, 1988.

¨     The Court stated that the Motor Vehicles Act, 1988, does not recognise or protect the fundamental right to walk and remains primarily vehicle-centric.

¨     The Court observed that rapid urbanisation and increasing motorised transport have marginalised pedestrians, while footpaths have been subordinated to the needs of motor vehicles.

¨     The Court directed the Registry to rename the case as “Re: Fundamental Right to Walk and Footpath” for continued monitoring.

Constitutional Recognition of the Right to Walk

The Court held that the right to walk is integral to:

¨     Article 19(1)(d) – Right to move freely throughout the territory of India.

¨     Article 21 – Right to life and personal liberty.

¨     Article 19(1)(a) – Freedom of speech and expression.

¨     Article 19(1)(b) – Right to assemble peacefully.

¨     Article 19(1)(c) – Right to form associations.

The Court observed that walking is the “simplest of the simple human activities” and is inextricably connected to life.It noted that walking has deep cultural, social, religious, political and reformative roots in India.According to the Court, the primary right of movement under Article 19(1)(d) is the fundamental right to walk, a right that precedes the right to move on wheels.

Supreme Court’s Suggested Reforms for Protecting the Right to Walk

¨     Statutory Framework for Pedestrian Rights: The Court called for a comprehensive law to formally recognise and protect the right to walk, identify responsible authorities, provide speedy remedies for violations, and strengthen enforcement of pedestrian rights.

¨     Creation of a Dedicated Regulatory Body: It recommended establishing a full-time regulatory authority to plan pedestrian infrastructure, enforce pedestrian rights, and implement policies related to the right to walk.

¨     Directions to Key Ministries: The Court directed that a copy of the judgment be sent to the Ministry of Housing and Urban Affairs, Ministry of Rural Development, and Ministry of Road Transport and Highways for appropriate action.

¨     Reference to the Law Commission of India: The judgment was also forwarded to the Law Commission of India to examine the need for a statutory framework that protects pedestrian rights, identifies duty bearers, and provides effective remedies.