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India Supreme Court makes footpath right fundamental

Published 21 June 2026

In a landmark ruling, the Supreme Court of India has declared the right to walk on safe, demarcated footpaths a fundamental right, establishing a clear priority for pedestrians over motorized vehicles on public roads. The judgment, delivered on Friday, June 19, 2026, by a bench comprising Justices P.S. Narasimha and A.S. Chandurkar, originated from a tragic case concerning a five-year-old boy who was killed by a truck while walking to school with his father.

The court ruled that this right is integral to the freedom of movement guaranteed under Article 19(1)(d) of the Constitution, read alongside the right to life and personal liberty under Article 21. It stated that where a road exists, there is an enforceable duty on authorities to provide and maintain footpaths for walkers. This duty, the court clarified, falls upon urban development authorities, municipal corporations, municipalities, and panchayats.

The bench was sharply critical of urban planning that has historically favored vehicles over people, describing the absence of safe pedestrian infrastructure as a "civilizational problem." It observed that the Motor Vehicles Act of 1988 is built around the vehicle as its...

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