Supreme Court recognizes the Right to Walk and safe footpaths as a Fundamental Right under Articles 19 and 21 of the Constitution.
CASE SUMMARY
The Supreme Court in Maniyar Iliyaz @ Shaik Riyaz vs. P. Ayyappan (2026 INSC 647) dealt with a tragic accident in which a five-year-old child died after being struck by a tanker while walking to school. While enhancing compensation awarded to the victim’s family, the Court delivered a landmark constitutional ruling declaring the Right to Walk and access to demarcated footpaths as Fundamental Rights under Articles 19 and 21 of the Constitution. The Court held that pedestrian rights take precedence over motorized traffic, imposed corresponding duties on local authorities, and called for a comprehensive statutory framework to protect pedestrian infrastructure and safety.
| Particulars | Details |
| Case Title | Maniyar Iliyaz @ Shaik Riyaz & Anr. vs. P. Ayyappan & Ors. |
| Introduction | This landmark judgment arose from a tragic road accident in which a five-year-old child was fatally struck by a tanker while walking to school with his father. The Supreme Court used the occasion not only to decide compensation issues but also to recognize the Right to Walk and access to demarcated footpaths as a Fundamental Right. |
| Factual Background | The appellant’s five-year-old son died after being hit by a tanker while walking on a road lacking a footpath and pedestrian crossing. The MACT awarded compensation of ₹7,82,000. The High Court reduced it to ₹4,70,000. The appellants challenged the reduction before the Supreme Court. |
| Legal Issues | 1. Whether the High Court was justified in reducing compensation awarded by MACT. 2. Whether the Constitution recognizes a Fundamental Right to Walk and access safe footpaths. 3. Whether public authorities owe a duty to create and maintain pedestrian infrastructure. |
| Applicable Law | Articles 19(1)(a), 19(1)(b), 19(1)(c), 19(1)(d), 21, 32, 51A and 13 of the Constitution of India; Motor Vehicles Act, 1988; Specific Relief Act, 1963 (Sections 38-40); Motor Vehicles (Driving) Regulations, 2017. |
| Analysis | The Court held that walking is the most basic form of movement protected under Article 19(1)(d). It emphasized that the right to move freely necessarily includes the right to walk safely on demarcated footpaths. The Court criticized the existing road infrastructure model that prioritizes motor vehicles over pedestrians. It further held that municipalities, urban development authorities and panchayats have a corresponding duty to create and maintain footpaths. The Court also observed the absence of a statutory framework protecting pedestrian rights and recommended legislative action. |
| Conclusion | The Supreme Court declared that the Right to Walk and access demarcated footpaths is a Fundamental Right under Articles 19 and 21. It held that pedestrian rights take priority over motorized traffic and that authorities have an enforceable duty to provide and maintain footpaths. It also enhanced compensation to ₹11,44,628. |
| Current Scenario | The judgment has been converted into a continuing constitutional matter titled “Re: Fundamental Right to Walk and Footpath.” The Union Government, through the Ministries of Housing and Urban Affairs, Rural Development and Road Transport & Highways, has been impleaded for considering a comprehensive legal framework for pedestrian rights. |
SOURCE – SUPREME COURT OF INDIA
“The fundamental right to walk on demarcated footpaths is primary and shall have priority over movement by motorised vehicles.”
