New Delhi: The Supreme Court of India has declared that the right to walk is a fundamental right under Part III of the Constitution and that this right includes access to demarcated footpaths.
The judgment was delivered on June 19, 2026, by a bench comprising Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar in a case arising from a motor vehicle accident in which a five-year-old child lost his life while walking to school with his father. The Court noted that there was neither a footpath nor a pedestrian crossing at the location of the accident.
In its judgment, the Court held that the fundamental right to move freely throughout the territory of India under Article 19(1)(d) includes the fundamental right to walk. It further stated that the right to walk extends to the right to demarcated footpaths and that these rights “shall have priority over movement by motorised vehicles.”
The Court observed that urban development authorities, municipal corporations, municipalities and panchayats have a corresponding duty to ensure the provision, maintenance and protection of footpaths and pedestrian infrastructure wherever roads exist.
The judgment also noted that there is presently no dedicated legislation protecting the right to walk on demarcated footpaths. The Court directed that a copy of the judgment be sent to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways, as well as the Law Commission, for examining the need for a statutory framework to protect the right, identify duty bearers and provide remedies.
Further, the Court held that violations of the right to walk on demarcated footpaths would entitle citizens to seek constitutional and legal remedies against the responsible authorities. It clarified that such remedies are independent of those available under the Motor Vehicles Act, 1988.
The Court also directed that the matter be re-numbered as a petition under Article 32 of the Constitution with the title “Re: Fundamental Right to Walk and Footpath.”
Source: Supreme Court Judgment dated June 19, 2026.
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