Walking on footpaths a fundamental right: SC

The Supreme Court on Friday declared that every citizen has a fundamental right to walk on a demarcated footpath, holding that this right is primary and takes precedence over the movement of motorised vehicles, as it delivered a far-reaching judgment that could reshape urban planning and road design across the country.

- Utkarsh Anand

A bench of justices PS Narasimha and Atul S Chandurkar ruled that the existence of a road necessarily casts a corresponding legal duty on public authorities to provide and maintain footpaths for pedestrians, making the right judicially enforceable against government agencies that fail to discharge this obligation.

"If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for the walkers. This is an enforceable duty. The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle," held the bench.

The court declared that the right to walk is a fundamental right flowing from the guarantees of free movement, free expression, assembly, association, and the right to life under the Constitution.

"The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1)(b), Article 19(1)(c) and Article 21 of the Constitution of India. The fundamental right to walk will take within its sweep the right to demarcated footpaths. These rights are primary and shall have priority over movement by motorised vehicles," it declared.