SUPREME COURT DECLARES RIGHT TO WALK SAFELY ON FOOTPATHS A FUNDAMENTAL RIGHT UNDER ARTICLES 19 & 21

NEW DELHI | JUNE 19, 2026
In a landmark judgment that fundamentally alters the landscape of urban governance and civic infrastructure in India, the Supreme Court has officially recognized the Right to Walk Safely on Footpaths as a Fundamental Right. Tracing this right directly to the constitutional guarantees of free movement and personal liberty, the apex court ruled that pedestrian rights are primary and must override the privileges of motorized vehicular traffic.

The Division Bench, comprising Justice P.S. Narasimha and Justice A.S. Chandurkar, delivered this path-breaking ruling in the matter of Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors..

The Constitutional and Legal Framework
The apex court elevated the status of pedestrian safety from a mere civic amenity to an enforceable constitutional guarantee. The Bench anchored this right within two primary pillars of the Constitution of India:

• Article 19(1)(d): The fundamental right to move freely throughout the territory of India, which is rendered illusory if public pathways are hazardous or non-existent.
• Article 21: The right to life and personal liberty, which inherently encompasses the right to a safe environment and protection from preventable urban hazards.

Critically, the Court established the Rule of Priority, declaring that a citizen’s right to walk on a demarcated, unobstructed footpath is an absolute priority that takes precedence over the convenience or speed of motorized transport.

Sharp Critique of "Elitism of Wheels"
Writing for the Bench, Justice P.S. Narasimha delivered a poignant critique of India's historical approach to urban planning, describing it as an era of "civilizational neglect." The Court observed that for decades, municipal planning had been blinded by an institutional obsession with motorized vehicles—a phenomenon termed the "elitism of wheels."

The judgment noted that urban expansion systematically prioritized those who could afford machines, gradually squeezing pedestrians off the roads and leaving them highly vulnerable. The Bench remarked that it is an unacceptable constitutional failure when walking, the most basic form of human locomotion, is treated as a "nuisance" by motorized traffic rather than a primary right.

Enforceable Public Duty on Municipal Authorities
The judgment firmly transitions the creation of pedestrian infrastructure from an administrative discretion to a binding public law duty. The Supreme Court explicitly identified the responsible "duty bearers," which include:

• Urban Development Authorities
• Municipal Corporations and Municipalities
• Gram Panchayats and Local Bodies

The Court held that wherever a public road is constructed or maintained, the corresponding duty to provide an unobstructed, safely demarcated footpath is absolute and non-negotiable.

From Tragedy to Systemic Judicial Reform
The case originated from a deeply tragic incident where a five-year-old child was struck and killed by a water tanker while walking to school on a road entirely devoid of a footpath or pedestrian crossing. While the Court enhanced the compensation awarded to the grieving family to ₹11.44 lakh under the Motor Vehicles Act, it chose to look beyond individual restitution to address the systemic root cause.
Recognizing the lack of a comprehensive national statutory framework protecting walkers, the Supreme Court has forwarded copies of the judgment to the relevant Union Ministries and the Law Commission of India to initiate legislative action for a dedicated regulatory body.

Furthermore, the Court has taken the extraordinary step of converting the matter into an ongoing, suo motu proceeding. This dedicated track will allow the apex court to continuously monitor pedestrian safety infrastructure, urban planning compliance, and civic liability across all states and union territories.

Discription: In a historic judgment, the Supreme Court of India has elevated the Right to Walk Safely on Footpaths to a Fundamental Right under Articles 19 and 21 of the Constitution. Deciding the case of Maniyar Iliyaz v. P. Ayyappan, a Bench of Justice P.S. Narasimha and Justice A.S. Chandurkar ruled that a pedestrian's right to safe, unobstructed pathways is primary and explicitly overrides the privileges of motorized vehicles. Critiquing decades of urban planning for its "elitism of wheels," the Court declared that constructing and maintaining footpaths is a binding public duty for all municipal and local authorities. To ensure systemic implementation, the Court recommended national legislation and converted the issue into an ongoing suo motu proceeding to monitor pedestrian safety nationwide.