The Supreme Court’s New Directive: Why the Right to Walk is Now a Fundamental Right

In a landmark ruling, the Supreme Court has declared that safe footpaths must get priority over vehicles, placing the pedestrian at the heart of urban planning.

A five-year-old boy walking to school with his father—a morning routine that ended in a tragic collision with a tanker. This heartbreaking incident, which shattered a family, has now become the catalyst for a shift in how India views its urban spaces. The Supreme Court of India, while deciding an appeal linked to this fatality, has firmly ruled that the right to walk is a fundamental right, one that carries as much weight as the freedom to move under Article 19(1)(d).

For decades, the Indian street has been an aggressive battleground where the pedestrian is treated as an afterthought. That hierarchy is now being challenged. A Bench comprising Justices P.S. Narasimha and Atul S. Chandurkar has unequivocally stated that the right to walk is not just a mode of travel, but an essential component of life and personal liberty. Consequently, pedestrians' rights must take priority over vehicles.

Constitutional Weight Behind the Pavement

The court’s decision links the act of walking to the broader constitutional guarantees of life and expression under Article 21. By recognising that the Constitution protects not just the movement of citizens but the ability to do so safely, the judiciary has made it clear that a road is incomplete if it lacks space for those on foot.

This isn’t just a moral observation; it creates a binding obligation. Where a road exists, the state—be it municipal corporations, panchayats, or urban development authorities—has a corresponding duty to ensure there are demarcated, well-maintained footpaths. If these are absent or neglected, citizens now have a clear path to seek legal remedies and compensation, distinct from any claims filed under the Motor Vehicles Act.

Why it matters

The broader implication of this ruling is a fundamental reordering of our urban priorities. For years, city planning in India has been obsessed with road widening and flyovers to accommodate the rising tide of motorised traffic, often at the expense of the millions who rely on their feet to navigate the city.

By mandating that safe footpaths must get priority over vehicles, the Supreme Court is effectively signalling that our cities are for people, not just for machines. This shift will likely compel urban planners to move beyond tokenistic infrastructure. However, the real challenge will lie in enforcement. As cities continue to choke on traffic, translating this "fundamental right" into concrete, encroachment-free sidewalks will require a massive bureaucratic overhaul. The court has set the standard; now, the onus is on the local bodies to prove that a pedestrian’s life is worth more than a faster commute for a car.