Right to Walk on Demarcated Footpaths Is a Fundamental Right and Must Prevail Over Motor Vehicles: Supreme Court
Case Name: Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors.
Citation: 2026 INSC 647
Date of Judgment/Order: 19 June 2026
Bench: Pamidighantam Sri Narasimha, J. and Atul S. Chandurkar, J.
Held: The Supreme Court held that the right to walk is a fundamental right under Part III of the Constitution and is integral to the right to move freely under Article 19(1)(d), read with Articles 19(1)(a), 19(1)(b), 19(1)(c) and Article 21. The Court held that this right includes the right to safe, demarcated and well-maintained footpaths, and that pedestrian movement must have priority over movement by motorised vehicles. The Court further held that wherever a road exists, urban development authorities, municipal corporations, municipalities and panchayats owe a corresponding enforceable duty to demarcate, construct, maintain and safeguard footpaths and necessary pedestrian infrastructure.
Summary: The case arose from the tragic death of a five-year-old child who was walking to school with his father when a tanker struck him from behind and crushed his lower body. The record showed that there was neither a footpath nor a pedestrian crossing. The Motor Accident Claims Tribunal awarded compensation of ₹7,82,000 with interest, but the High Court reduced the amount to ₹4,70,000. While correcting the compensation, the Supreme Court used the case to address a deeper constitutional issue: the absence of safe pedestrian infrastructure and the failure to recognise walking as a primary mode of movement protected by the Constitution. The Court observed that the Motor Vehicles Act, 1988 is centred on motor vehicles and does not itself recognise or secure the fundamental right to walk. It declared that the right to walk on demarcated footpaths is enforceable independently of motor accident claims, and that citizens may seek constitutional and legal remedies, including restitution and compensation, against public authorities for violation of this right.
Decision: The Supreme Court allowed enhancement of compensation and held that the appellants were entitled to ₹11,44,628, payable within two months. The Court declared the right to walk on demarcated footpaths as a fundamental right, recognised the corresponding duty of public authorities to provide and maintain pedestrian infrastructure, and clarified that remedies for violation of this right are independent of remedies under the Motor Vehicles Act, 1988. The Registry was directed to re-number the case as a petition under Article 32 titled Re: Fundamental Right to Walk and Footpath, and the Government of India through the Ministries of Housing and Urban Affairs, Rural Development and Road Transport and Highways was impleaded as a party. The Registry was also directed to send a copy of the judgment to the concerned Ministries and the Law Commission for examining the need for a statutory framework to protect the right to walk. Pending applications were disposed of with no order as to costs.