Walking on footpaths is a fundamental right: Supreme Court

New Delhi – Walking on footpaths is a fundamental right of citizens. Wherever there is a road, there should also be designated and properly maintained footpaths for pedestrians, the Supreme Court observed while hearing a case concerning the death of a five-year-old child in a road accident. The Court also said that the Union Government should consider enacting a law to protect the rights of pedestrians.

"Walking on footpaths is a fundamental right" – Supreme Court.

Sadly, many municipal bodies seem to have forgotten that footpaths are meant for pedestrians.

Public spaces must be reclaimed for safe and unhindered walking, not encroachment.
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— Sanatan Prabhat (@SanatanPrabhat) June 21, 2026

Constitution guarantees the right to walk

The Court said that the right to walk is a fundamental right under Part III of the Constitution. It is linked to the freedom of movement under Article 19(1)(d), as well as Articles 19(1)(a), 19(1)(b), 19(1)(c) and Article 21. Footpaths belong to pedestrians, not vehicles. Public authorities should construct, maintain and protect footpaths.

Many drivers run over pedestrians and treat them and their footpaths as obstacles

The Court further observed that human beings have been walking since long before the invention of the wheel. Yet, the right to walk has not received due importance. Today, vehicular traffic has taken control of the roads. The situation has become such that many drivers treat pedestrians and their footpaths as obstacles and run them over. This situation must change. The Motor Vehicles Act, 1988 has, in many respects, weakened the rights of pedestrians.

Every fifth road accident death is that of a pedestrian

According to data from the National Crime Records Bureau and the Ministry of Road Transport and Highways, an estimated 1 lakh 52 thousand pedestrians died in road accidents between 2019 and 2023. On average, 30 thousand people lose their lives every year while walking on roads. Pedestrians account for 20 per cent of all road accident deaths. In other words, every fifth road accident death is that of a pedestrian.

Editorial Perspective

The country's government bodies, such as municipalities and municipal corporations, seem to have forgotten that footpaths are meant for walking. People have instead come to believe that footpaths exist only for hawkers.