Every citizen has a fundamental right to walk on a designated footpath, the Supreme Court declared on Friday, holding that this right is fundamental and takes precedence over motorized vehicle movement, as it delivered a far-reaching ruling that could reshape urban planning and road design across the country.
A bench of Justices PS Narasimha and Atul S Chandurkar ruled that the existence of the road necessarily imposes a corresponding legal duty on public authorities to provide and maintain footpaths, making the right judicially enforceable against government agencies that fail to fulfill this obligation.
“If there is a road, there must be a duty to ensure that a footpath is demarcated and maintained for pedestrians. This is an enforceable duty. The fundamental right to walk on the marked footpaths must override the privilege of motor vehicles,” the bench sat.
The court declared that the right to walk is a fundamental right that stems from the guarantees of freedom of movement, freedom of expression, assembly and association, and the right to life under the Constitution.
“The right to walk is a fundamental right under Part III of the Constitution. It is an integral part of 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. The fundamental right to walk will take within its ambit the right to designated footpaths. These rights are fundamental and have priority over movement by motor vehicles. He declared.
This ruling came in a car accident compensation case involving the death of a child pedestrian, but has evolved into a broader constitutional examination of the rights of pedestrians and the duties of public authorities.
The court held that urban development authorities, municipal corporations, municipalities and even panchayats are constitutionally bound to establish, maintain and protect pedestrian infrastructure wherever roads exist.
“The responsible parties are urban development authorities, municipal corporations, municipalities and even panchayats, which should endeavor to demarcate, build, maintain and protect footpaths and other necessary infrastructure for pedestrians, as walking is an integral part of life,” Justice Narasimha said in the ruling.
In another landmark announcement, the court held that a violation of the right to walk on marked crosswalks would give citizens the right to seek constitutional and civil remedies, including restitution and compensation, against the authorities responsible for the violation.
“Violation of the right to walk on designated footpaths will give citizens recourse to constitutional and statutory remedies against those liable for recovery and compensation. The court ruled that this remedy is independent of the remedies available under the Motor Vehicles Act 1988.”
The ruling is likely to have wide-ranging ramifications as it transforms what has traditionally been viewed as a matter of urban governance into an enforceable constitutional entitlement. Citizens who suffer injury or loss due to the absence, encroachment or poor maintenance of crosswalks can now obtain an independent common law remedy against civil authorities in addition to the claims available under motor vehicle accident laws.
The court criticized the current legal framework, noting that despite decades of road safety regulation, Parliament has not adequately recognized the rights of pedestrians.
With the assistance of Advocate Mamidipudi V. Mukunda as amicus curiae, the court noted that the existing provisions under the Motor Vehicles Act and its associated regulations only define the duties of drivers and road users but fall short of recognizing the fundamental right to walk or giving priority to pedestrian movement over vehicular movement.
Recognizing that the declaration of right would be ineffective without an institutional framework for implementation, the Court called for the establishment of a dedicated regulatory mechanism to protect the interests of pedestrians.
“To promote and operationalize the fundamental right to walk on designated footpaths, it is necessary to establish a regulatory body,” the bench said, stressing the need for institutional expertise, accountability, transparency and continuity in protecting pedestrian infrastructure.
Noting that there is no comprehensive law regulating the rights of pedestrians and responsibilities of authorities, the Supreme Court ordered that a copy of the ruling be referred to the Ministries of Housing and Urban Affairs, Rural Development, Land Transport and Highways for consideration of the appropriate legal framework.
The court also urged the Law Committee to study the legal structure required to protect the right, identify responsible parties and provide effective remedies for violations. In a sign that the case will continue to attract judicial attention, the Court ordered the proceedings to be renumbered as a Section 32 Petition of the Constitution entitled “Re: Fundamental Right to Walk and Crosswalk,” effectively turning the matter into a continuing constitutional exercise on pedestrian rights.
