Walking on safe footpaths a fundamental right: SC

New Delhi: The Supreme Court on Friday held that the right to walk safely on demarcated footpaths is a fundamental right and takes precedence over the movement of motor vehicles.

A bench of Justices P S Narasimha and A S Chandurkar held that the right flows from Articles 19 and 21 of the Constitution, which guarantee the freedoms of movement, life and personal liberty.

Describing pedestrian access as a constitutional guarantee, the court said public authorities are under a binding obligation to provide and maintain safe, demarcated footpaths.


While clarifying that the right to walk is subject to reasonable restrictions, the bench stressed that public spaces cannot be monopolised by motor vehicles.

"If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for walkers. This is an enforceable duty. The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle," the bench said.

The court added that any violation of this right would entitle citizens to seek legal remedies against the authorities concerned.