From a child’s tragic death to a landmark verdict: SC declares Right to Walk a Fundamental Right
New Delhi, June 19: A father’s routine morning walk to his son’s school ended in unimaginable tragedy when a speeding tanker struck…
New Delhi, June 19: A father’s routine morning walk to his son’s school ended in unimaginable tragedy when a speeding tanker struck and killed the five-year-old child. On Friday, nearly a decade later, the Supreme Court transformed that personal loss into a landmark constitutional ruling, declaring that the right to walk and access safe, demarcated footpaths is a fundamental right guaranteed under the Constitution of India.
In a judgment that goes far beyond compensation in a road accident case, the apex court held that pedestrians cannot continue to be treated as secondary users of public roads. Emphasising that walking is the most basic form of human movement, the court ruled that citizens’ right to walk safely must take precedence over the convenience of motorised vehicles.
“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,” the Bench observed.
The ruling came in Maniyar Iliyaz @ Shaik Riyaz & Anr. vs P. Ayyappan & Ors., decided by a Bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar.
Pedestrians’ Rights Take Priority
The court held that the right to walk is integral to the freedoms guaranteed under Articles 19(1)(d), 19(1)(a), 19(1)(b), 19(1)(c), and Article 21 of the Constitution.
“The citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles,” the judgment stated.
The Bench noted that while cities and towns have increasingly been designed around vehicles, pedestrians have often been pushed to the margins, sometimes with fatal consequences.
Duty on Municipal Bodies and Panchayats
The Supreme Court said authorities responsible for roads must also ensure safe spaces for pedestrians.
According to the judgment, urban development authorities, municipal corporations, municipalities, and panchayats have a legal obligation to provide and maintain footpaths.
“If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for the walkers. This is an enforceable duty,” the court said.
Centre Asked to Consider New Law
Observing that India lacks a dedicated law protecting pedestrians’ rights, the court urged the Union government to examine the need for a comprehensive legal framework.
Copies of the judgment will be sent to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways, as well as the Law Commission of India.
The court suggested that such legislation should clearly define pedestrian rights, identify duty-bearers, establish remedies for violations, and create an independent regulatory body to oversee implementation.
Motor Vehicles Act Insufficient for Pedestrian Protection
The Bench observed that the Motor Vehicles Act, 1988, is primarily focused on regulating vehicles and transport systems rather than safeguarding pedestrians’ constitutional rights.
While the law imposes certain duties on drivers, it does not recognise the right to footpaths or place pedestrians at the centre of road planning and governance, the court noted.
Compensation Enhanced in Child Death Case
The case originated from a compensation claim filed by the child’s father after the fatal accident.
While the Motor Accident Claims Tribunal (MACT) had awarded Rs 7.82 lakh, the High Court reduced the compensation to Rs 4.70 lakh.
The Supreme Court set aside the High Court’s order and enhanced the compensation to Rs 11.44 lakh, directing that the amount be paid within two months.
Matter to Continue as Public Interest Case
Recognising the broader significance of the issue, the Supreme Court directed its Registry to convert the matter into a petition under Article 32, titled “Re: Fundamental Right to Walk and Footpath.”
The Union government has been impleaded as a party, signalling continued judicial scrutiny of pedestrian infrastructure and rights across the country.
Key Directions
- The right to walk is a fundamental right under the Constitution.
- The right includes access to safe and demarcated footpaths.
- Pedestrian rights take precedence over motorised vehicle movement.
- Local authorities have a legal duty to create and maintain footpaths.
- Citizens can seek constitutional and legal remedies for violations.
- The Centre has been urged to consider a dedicated law protecting pedestrian rights.
