Supreme Court Declares Walking a Fundamental Right, Calls for Stronger Protection of Pedestrians
In a significant ruling, the Supreme Court on Thursday held that the right to walk on roads and footpaths is a fundamental right, emphasizing that every road must have a designated and properly maintained footpath for pedestrians. The Court urged the Union Government to consider enacting legislation specifically aimed at protecting pedestrian rights.
A Bench comprising Justices P.S. Narasimha and A.S. Chandurkar made the observations while hearing a motor accident compensation case involving the death of a five-year-old school-going child.
Observing that pedestrian rights have long been overlooked, the Bench remarked that human beings learned to walk long before the invention of the wheel and that the right to walk deserves equal recognition and protection. The Court noted that modern road infrastructure and traffic systems have increasingly marginalized pedestrians, with many motorists treating pedestrians and footpaths as obstacles rather than as spaces entitled to legal protection.
The Bench stated that the right to walk is intrinsically linked to the constitutional guarantee of freedom of movement under Article 19(1)(d) and the right to life and personal liberty under Article 21 of the Constitution. It emphasized that pedestrians have an independent right to safely use roads and footpaths without being compelled to rely on vehicles.
Highlighting the responsibility of public authorities, the Court directed urban development authorities, municipal corporations, municipalities, and panchayats to ensure the construction, maintenance, and preservation of pedestrian footpaths.
The Court’s observations come against the backdrop of alarming road safety data. According to figures from the National Crime Records Bureau (NCRB) and the Ministry of Road Transport and Highways, approximately 1.52 lakh pedestrians lost their lives in road accidents between 2019 and 2023. Nearly 30,000 pedestrians die in road accidents every year, accounting for about 20% of all road fatalities in the country—meaning one in every five road accident deaths is a pedestrian.
