Right to Walk: A Fundamental Right

A motor accident claiming the life of a five-year-old boy raised serious concerns about how an act as fundamental as walking requires constant vigilance. Following the incident, the deceased child’s father filed a claim petition seeking compensation. The matter reached the Supreme Court after the High Court reduced the compensation amount by a greater extent than what had been challenged by the appellant.

Although the case involved the absence of a footpath, it highlighted a much deeper issue—the lack of proper infrastructure in modern public planning systems, which often places a basic activity such as walking at risk.

The Supreme Court observed that the Right to Walk constitutes a Fundamental Right flowing from Article 19(1)(a), Article 19(1)(b), and Article 19(1)(c), which collectively protect aspects of the freedom of movement, and is also an integral component of the Right to Life under Article 21 of the Constitution. The judgment was delivered by a two-judge Bench comprising Justice P.S. Narasimha and Justice A.S. Chandurkar.

The Court further observed that effective protection of this right requires the creation of a dedicated executive mechanism or statutory framework, as the existing legal regime is insufficient to safeguard pedestrians adequately. It also noted that the Motor Vehicles Act, 1988 does not contain adequate provisions to fully protect the rights of pedestrians.

Despite these limitations, the Court clarified that citizens are entitled to seek constitutional and legal remedies independently of the remedies available under the Motor Vehicles Act, 1988. Accordingly, individuals may claim restitution and compensation where their Right to Walk on a footpath has been violated.

The judgment serves as a reminder that public infrastructure must prioritize pedestrian safety and accessibility. The right to walk safely is not merely a matter of convenience; it is a constitutional entitlement that deserves effective protection.

So, the next time you decide to drive on a demarcated footpath because you are running late, think again. Is it merely a footpath that you are encroaching upon, or are you infringing upon a fundamental right guaranteed to every citizen?

Case Title: – Maniyar  Iliyaz @Shaik Riyaz &ANR. vs. P. Ayappan &ORS., 2026

This article has been researched and authored by Athulya Nair Legal Research Intern at LegalRath.