By Soniya:
In a landmark judgment strengthening pedestrian rights in India, the Supreme Court has declared that the right to walk on safe and demarcated footpaths is a Fundamental Right protected under the Constitution. The ruling came while hearing a motor accident case involving the death of a five-year-old child who was fatally hit by a tanker while walking to school with his father.
A bench comprising Justices P. S. Narasimha and Atul S. Chandurkar observed that the right to walk is intrinsically linked to several constitutional freedoms, including the right to life and personal liberty under Article 21 and the freedom of movement under Article 19(1)(d). The Court emphasized that pedestrians are entitled to safe, accessible, and well-maintained walking infrastructure.
The judgment highlighted the lack of footpaths and pedestrian crossings on many Indian roads, noting that urban planning often prioritizes motor vehicles over pedestrians. The Court remarked that walking is the most basic form of human mobility and should be protected as a fundamental aspect of public life.
Restoring and enhancing compensation to ₹11.44 lakh for the victim’s family, the Supreme Court also stressed the responsibility of urban development authorities, municipal bodies, and local governments to construct and maintain safe footpaths, prevent encroachments, and provide secure pedestrian crossings.
Importantly, the Court stated that citizens can seek legal remedies, including compensation and restitution, when their pedestrian rights are violated. It further urged the government to enact a dedicated law recognizing the Right to Walk, defining responsibilities of authorities, and establishing mechanisms for enforcement and grievance redressal.
The judgment is expected to have far-reaching implications for urban planning, road safety, and pedestrian welfare across India, reinforcing the principle that public roads must be safe and accessible for all citizens.
