Walking on footpaths a fundamental Right, motorists cannot override it: Supreme Court

The Supreme Court has reaffirmed that pedestrians have a fundamental right to use footpaths, holding that motorists cannot undermine or override this right through road dominance or negligence.

Hearing a matter concerning pedestrian safety and urban infrastructure, the Court observed that the right to walk on demarcated footpaths is an essential facet of the fundamental right to life and personal liberty under Article 21 of the Constitution. It further emphasised that road design and transport planning must prioritise pedestrians rather than vehicles.

The bench noted that in many urban areas, lack of proper footpaths and encroachments force pedestrians onto roads, significantly increasing the risk of accidents and fatalities. It stressed that ensuring safe, accessible and obstruction-free walkways is a constitutional obligation of the state.

The Court also indicated the need for a clearer statutory framework to define and protect pedestrian rights, suggesting that authorities must take proactive steps rather than treating footpaths as secondary infrastructure.

Reiterating earlier judicial observations, the Supreme Court underlined that public roads are shared spaces, and the rights of pedestrians are not subordinate to those of motorists.

The ruling strengthens ongoing judicial efforts to improve urban mobility standards and enforce accountability in road and civic planning across the country.