India Supreme Court declares footpath walking a fundamental right

On 19 June 2026 the Supreme Court of India, in a Division Bench of Justices P.S. Narasimha and Atul S. Chandurkar, ruled that the right to walk on safe, demarcated footpaths is a fundamental right guaranteed under Articles 19(1)(d) and 21 of the Constitution. The judgment, delivered in a compensation case stemming from the death of a five‑year‑old boy struck by a tanker while walking to school, held that this right must take priority over the movement of motorised vehicles.

The Court imposed an enforceable duty on urban development authorities, municipal corporations, municipalities and panchayats to construct, maintain and protect footpaths. It affirmed that any violation entitles citizens to seek constitutional and civil remedies, independent of compensation claims under the Motor Vehicles Act. The bench also called for a dedicated regulatory body and a statutory framework to protect pedestrian rights, directing the judgment to the ministries of Housing and Urban Affairs, Rural Development, Road Transport and Highways and the Law Commission of India.

In the same case the Court enhanced the compensation awarded to the father to ₹11.44 million and ordered prompt payment, while registering a separate proceeding titled “Re: Fundamental Right to Walk and Footpath” for continued oversight of pedestrian infrastructure.