Right To Walk On Demarcated Footpaths Is A Fundamental Right: Supreme Court

Last Updated:June 19, 2026, 18:44 IST

The ruling stemmed from a motor accident case, which involves the death of a five-year-old boy. His father was accompanying him to school, when a lorry hit him from behind

The Supreme Court on Friday ruled that the right to walk on a demarcated footpath is a fundamental right under Article 19(1)(d) of the Constitution, which pertains to the right to move freely across the territory of India.

A bench of Justice PS Narasimha and Justice AS Chandurkar observed that it is the duty of urban development authorities, municipal corporations, municipalities, and panchayats to demarcate and maintain for walkers.

The bench remarked that the right to walk takes priority over movement by motorised vehicles. “The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1) (b), Article 19(1) (c) and Article 21 of the Constitution of India", as quoted by LiveLaw. 

It said the fundamental right to walk is primary and that it will take priority over movement by motorised vehicle.

“It is rather strange that we fail to focus on recognising and securing the right to walk. It may be because wheels eclipsed our imagination, and our municipal authorities were busy creating roads that were suitable for motorized people. It could also be elitism to start with machines with wheels who are only for the rich, but as economies progressed and cheaper motor vehicles were introduced, the entire spectrum of motorized transportation dominated the roads, which pushed aside the walkers to the extent that they are treated as a nuisance for the drivers who routinely run over the walkers and their footpaths", the bench observed, according to LiveLaw. 

How The Ruling Arose

The ruling stemmed from a motor accident case, which involves the death of a five-year-old boy. His father was accompanying him to school, when a lorry hit him from behind and crushed his waist a lower body.

The child had later succumbed to his injuries. Pertinent to note that there was no footpath or pedestrian at the site.

Setting aside a High Court order, the Supreme Court had hiked the compensation payable to the child’s family to Rs 11,44,628, directing that it be paid within two months.

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