New Delhi: In a landmark judgment aimed at strengthening pedestrian rights, the Supreme Court has ruled that the right to walk on properly demarcated footpaths is a fundamental right protected under the Constitution and takes precedence over the movement of motor vehicles on public roads.
A bench comprising Justice P.S. Narasimha and Justice A.S. Chandurkar, in its judgment delivered on Friday, held that the right to walk is an integral part of the freedom of movement guaranteed under Article 19(1)(d) of the Constitution. The court observed that this right must be read alongside Articles 19(1)(a), 19(1)(b), 19(1)(c), and Article 21, which guarantees the right to life and personal liberty.
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The bench emphasized that wherever roads exist, authorities have a corresponding obligation to provide and maintain safe, demarcated footpaths for pedestrians.
“If a road exists, there must be a duty to ensure that a footpath is demarcated and maintained for walkers. This is an enforceable duty,” the court observed.
The ruling came while deciding a motor accident compensation case involving the tragic death of a five-year-old child. The boy was walking to school with his father when a tanker lorry struck him from behind, causing fatal injuries. The accident occurred at a location that lacked both a footpath and a pedestrian crossing.
The Supreme Court enhanced the compensation awarded to the child’s father to Rs 11,44,628, directing that the amount be paid within two months. In doing so, it overturned a High Court order that had reduced the original compensation.
In a significant observation, the apex court stated that citizens whose right to walk on designated footpaths is violated are entitled to seek constitutional and legal remedies against the responsible authorities for restitution and compensation.
The bench clarified that such remedies are independent of those available under the Motor Vehicles Act, 1988, thereby reinforcing the accountability of civic authorities to ensure pedestrian safety.
The judgment is expected to have far-reaching implications for urban planning, road infrastructure, and public safety, placing greater responsibility on governments and local bodies to create and maintain pedestrian-friendly spaces across the country.
(This story is published from a syndicated feed)
