Supreme Court Defines Footpath Access As Fundamental Right

The Supreme Court of India recently affirmed that the right to walk on demarcated footpaths constitutes a fundamental right under Article 21 and Article 19(1)(d) of the Constitution. A Division Bench comprising Justices P.S. Narasimha and Atul S. Chandurkar ruled that pedestrian movement must take precedence over motor vehicles, placing a clear duty on local authorities, including municipal corporations and panchayats, to maintain accessible pathways. This ruling originated from a tragic case involving the death of a five-year-old child in Karnataka who was fatally struck by a tanker.

Despite the legal mandate, the ground reality across major Indian cities remains challenging, with footpaths frequently obstructed or poorly designed. Municipal bodies have historically struggled with illegal encroachments, unauthorized vehicle parking, and damaged infrastructure that render walkways inaccessible to the public. In regions like Kerala, proactive efforts such as the Walkable Kochi project reflect a shift toward better pedestrian planning, yet systemic change is hindered by legacy regulations like the Motor Vehicles Act of 1988 which prioritize traffic flow over human safety.

The enforcement of these pedestrian rights requires a significant cultural and administrative pivot where urban planning centers on human mobility rather than vehicle volume. Experts emphasize that legal mandates alone are insufficient without strict oversight to reclaim public space from illegal occupation. The Supreme Court's clear stance provides a powerful tool for civic advocates to compel local governments to upgrade infrastructure, potentially transforming the design and utility of city roads nationwide to ensure safety for every commuter.