In a landmark decision on Friday, the Supreme Court of India has declared the right to walk on safe and designated footpaths as a fundamental right. This ruling prioritizes pedestrian safety over vehicular movement, as established in the case Maniyar Iliyaz @ Shaik Riyaz & Anr. v P Ayyappan & Ors. The judgment was delivered by a bench comprising Justice PS Narasimha and Justice AS Chandurkar.
Constitutional Framework for Pedestrian Rights
The Supreme Court emphasized that the right to walk is intrinsic to the freedoms guaranteed by Articles 19 and 21 of the Indian Constitution, which encompass the freedom of movement and the right to personal liberty, respectively. The Court underscored that public authorities are constitutionally obligated to provide and maintain footpaths for pedestrians.
“If a road exists, there is an enforceable duty to ensure that a footpath is demarcated and maintained for walkers. The fundamental right to walk on demarcated footpaths shall override the privilege of motorized vehicles,” the Court stated.
Addressing Urban Planning Imbalances
The bench acknowledged the historical neglect of pedestrian infrastructure in urban planning, which has traditionally favored motorized transport. The absence of safe and accessible footpaths has left pedestrians marginalized and vulnerable. Justice Narasimha remarked on the need to shift focus from vehicles to pedestrians, criticizing past urban planning policies that sidelined pedestrian needs.
“It is rather strange that we failed to focus on recognizing and securing this ‘right to walk’. It may be because our municipal administrations were preoccupied with creating roads suitable for motorized vehicles, sidelining the needs of pedestrians. This approach must change,” the Court observed.
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Implementation and Legal Obligations
The judgment assigns responsibility for implementing this right to urban and local bodies, including Urban Development Authorities, Municipal Corporations, Municipalities, and Panchayats. The Court clarified that violations of pedestrian rights could lead to legal remedies and compensation claims under the Motor Vehicles Act. Citizens can pursue these remedies through constitutional and civil proceedings.
Furthermore, the Court highlighted the necessity of establishing a statutory framework to govern pedestrian rights effectively. The Court recommended the establishment of a regulatory body to enhance and enforce the fundamental right to walk safely on demarcated footpaths.
Case Background and Forward Measures
This pivotal judgment arose from a tragic case involving the death of a five-year-old child who was struck by a tanker while walking to school, due to the absence of adequate pedestrian infrastructure. The Supreme Court overturned a previous High Court decision, increasing the compensation to the child’s family to ₹11.44 lakh.
The Court has also directed that this matter be transformed into a separate proceeding to examine broader issues concerning pedestrian rights and infrastructure. It called upon the Union government and relevant ministries to assist in addressing these concerns. Advocate Mamidipudi V Mukunda served as amicus curiae in the case.
The Court’s decision mandates forwarding a copy of the judgment to the concerned ministries and the Law Commission to consider appropriate legislative actions to define pedestrian rights, duties, and enforcement mechanisms.
