Key Highlights
- The Supreme Court has declared safe, demarcated footpaths a fundamental right under the Constitution.
- The judgment links the right to walk with Articles 19(1)‑d, 19(1)‑a, 19(1)‑b, 19(1)‑c, and 21.
- Government bodies at every level are obligated to construct, mark and maintain pedestrian infrastructure.
- Victims can now claim constitutional remedies—compensation, restitution, and injunctions—independent of the Motor Vehicles Act.
- The Court urges Parliament to enact a dedicated Pedestrian Protection Act.
Detailed Insights
A two‑judge bench, comprising Justice P. S. Narasimha and Justice Atul S. Chandurkar, delivered a landmark verdict while hearing a fatal motor‑vehicle accident involving a five‑year‑old child. The Court observed that walking precedes all mechanised forms of transport and therefore warrants explicit constitutional protection. It held that the right to walk is inseparably connected to the freedoms of movement, expression, peaceful assembly, association, and the broader guarantee of life and liberty enshrined in Article 21.
The accident occurred on a stretch of road devoid of a footpath or pedestrian crossing, underscoring systemic neglect. The Supreme Court not only restored the compensation awarded by the Motor Accident Claims Tribunal but also increased it to ₹11.44 lakh, mandating payment within two months.
Crucially, the judgment transforms a declaratory right into a duty‑bearing framework for urban development authorities, municipal corporations, councils, Panchayats and other local bodies. These entities must:
- Construct safe, well‑maintained footpaths;
- Clearly demarcate pedestrian zones;
- Provide protected crossings;
- Prevent encroachments;
- Maintain the infrastructure regularly.
Citizens now possess a constitutional avenue to seek redress for violations, separate from the remedies available under the Motor Vehicles Act, 1988. The Court further recommended that Parliament enact a specific Pedestrian Protection Act to formalise the right, specify duty‑bearers, ensure swift remedies and establish a dedicated regulatory body.