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Supreme Court: Right to walk on demarcated footpaths is a fundamental right; authorities have a duty to provide them
- Court
- Supreme Court of India
- Date of judgment
- 19 June 2026
- Case
- 2026 INSC 647
- Parties
- MANIYAR ILIYAZ @ SHAIK RIYAZ & ANR. Vs P. AYYAPPAN & ORS.
- Bench
- PAMIDIGHANTAM SRI NARASIMHA
- Outcome
- Disposed off
Summary
While hearing appeals over compensation in a motor accident claim, the Supreme Court held that the right to walk, including the right to demarcated and well-maintained footpaths, is a fundamental right under Part III of the Constitution. It converted the matter into a separate petition on the subject and brought the Union Government in as a party.
The question before the court
- Is the right to walk a fundamental right?
- Who bears the duty to provide footpaths, and what remedy is available if they are not provided?
The court's decision
The Court held that the right to walk flows from the right to freedom of movement under Article 19(1)(d), read with Articles 19(1)(a), (b), (c) and 21. It covers demarcated footpaths alongside motorised roads, and these rights take priority over movement by motorised vehicles. Urban development authorities, municipal corporations, municipalities and panchayats must demarcate, build, maintain and safeguard footpaths and other pedestrian infrastructure. Violations entitle citizens to constitutional and legal remedies for restitution and compensation, independent of remedies under the Motor Vehicles Act, 1988. The Registry was directed to renumber the case as an Article 32 petition titled 'Re: Fundamental Right to Walk and Footpath', and the Ministries of Housing and Urban Affairs, Rural Development and Road Transport and Highways were impleaded.
Provisions referred to
- Articles 19(1)(d), 19(1)(a), (b), (c) and 21 of the Constitution of India
- Motor Vehicles Act, 1988
Read the full judgment (PDF) ↗
Official source: Supreme Court of India. The PDF above is a copy from an open dataset of the court's public records.
This summary is prepared for general assistance only. It may contain errors and is not legal advice — rely on the full judgment.