Walking on the footpath is a fundamental right–Supreme Court

The Supreme Court has said that the right to walk on a footpath is a fundamental right under the Constitution. The Court stated that this right should be given greater importance than the movement of motor vehicles on roads. A bench of Justice PS Narasimha and Justice AS Chandurkar said that the right to walk is part of the freedom guaranteed under Article 19(1)(d) of the Constitution, which protects the freedom to move throughout the territory of India. It is read together with Articles 19(1)(a), 19(1)(b), 19(1)(c), and Article 21, which protect the right to life and personal liberty.

The Supreme Court said that if there is a road, there must also be a responsibility to ensure that a footpath is designated and maintained for pedestrians. This is an obligation that can be enforced.

The judgment is related to a road accident compensation case in which a five-year-old child died. His father was taking him to school when a tanker lorry struck the child from behind, crushing his waist and lower body. The child died due to the injuries. There was no footpath or pedestrian crossing at that location.

The Supreme Court increased the compensation amount to be paid to the child’s father to ₹11,44,628 and directed that it be paid within two months. The Court set aside the High Court’s order that had reduced the compensation amount..(UPDATED ON 19TH JUNE 2026)