Step Aside, Wheels: Supreme Court Declares the 'Right to Walk' a Fundamental Right, Prioritizing Pedestrians Over Motor Vehicles and Holding Municipalities Accountable for Safe Footpaths

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Case: MANIYAR ILIYAZ @ SHAIK RIYAZ v. P. AYYAPPAN
Court: Supreme Court of India
Date: 19-06-2026
Law: Constitution of India, Motor Vehicles Act, Specific Relief Act, Minimum Wages Act.

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Every morning, millions of Indians step out of their homes to perform the simplest of human activities: walking. Whether it is a parent dropping a child at a neighborhood school, a commuter heading to a transit station, or a devotee on a pilgrimage, walking is the lifeblood of Indian public life. Yet, our roads have increasingly become hostile zones dominated by motorized speed, where pedestrians are treated as an afterthought or, worse, a nuisance. In a path-breaking judgment, the Supreme Court of India has fundamentally disrupted this vehicle-first paradigm by declaring the "Right to Walk" a constitutional fundamental right.

The ruling arose from a tragic accident where a five-year-old boy was crushed by a tanker while walking to school with his father on a road devoid of any footpath. While restoring and enhancing the compensation to the grieving family, the Supreme Court utilized the occasion to address a deep-seated civilizational and urban planning crisis. Here are the key takeaways from this landmark decision that will redefine the future of Indian cities and public spaces.

1. Walking as a Constitutional Right

The Supreme Court has elevated the simple act of walking to the status of a fundamental right under Part III of the Constitution of India. The Court held that the right to walk is integral to the right to movement under Article 19(1)(d) and the right to life under Article 21. It also recognized that walking is deeply tied to expressional, congregational, and associational freedoms under Articles 19(1)(a), (b), and (c).

By doing so, the Court disabused the common legal assumption that the "right to move" refers primarily to movement on wheels. The bench beautifully noted that humans walked long before wheels were invented, and this primary right must extend to guaranteeing access to safe, well-demarcated footpaths.

2. Pedestrians Over Vehicles: A Shift in Priority

For decades, municipal administrations have prioritized widening roads for cars while shrinking or eliminating footpaths. The Supreme Court has explicitly reversed this hierarchy. It declared that the fundamental right to walk on a demarcated footpath is primary and must override the mere "privilege" of operating a motorized vehicle.

"The citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles."

This conceptual shift from vehicle-centric planning to human-centric planning is revolutionary. It challenges the elitism inherent in modern urban design, which has historically monopolized public spaces for the motorized class at the expense of the walking majority.

3. The Motor Vehicles Act is Not a Pedestrian Charter

In a sharp critique, the Court observed that the Motor Vehicles Act, 1988, is fundamentally incapable of protecting pedestrians. The statute is built entirely around the "vehicle" as its subject, treating human interests and pedestrian safety as merely incidental. Even the Motor Vehicles (Driving) Regulations, 2017, serve only as guiding principles for drivers rather than enforceable rights for walkers.

Because the existing legal framework is inadequate, the Supreme Court has directed the Union Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways, along with the Law Commission of India, to initiate a comprehensive statutory framework. This proposed legislation must explicitly declare pedestrian rights, identify duty-bearers, and establish a full-time regulator to plan and implement pedestrian infrastructure.

4. Enforceable Municipal Duties and Restitutionary Remedies

Perhaps the most legally impactful aspect of the judgment is the creation of an enforceable public duty. The Court ruled that if a road exists, municipal authorities, urban development bodies, and panchayats have a correlative, non-negotiable duty to construct and maintain safe footpaths.

If these authorities fail, citizens are not left helpless. The judgment clarifies that a violation of the right to walk entitles citizens to seek restitutionary and compensatory remedies against local bodies under the Constitution or Sections 38-40 of the Specific Relief Act, 1963. This remedy operates entirely independently of any claims under the Motor Vehicles Act, opening up a powerful avenue for public interest litigation and civic accountability.

A Walk Toward a More Equitable Future

By re-numbering this case as a suo motu writ petition titled "Re: Fundamental Right to Walk and Footpath", the Supreme Court has signaled that this is just the beginning of a long-term constitutional monitoring process. This judgment is a historic step toward reclaiming our common spaces, ensuring that our streets are designed for people, not just machines, and protecting the most vulnerable users of our public infrastructure.