Right to Walk as a Fundamental Right

Published On

Jun 20, 2026

Source

The Hindu

🚶 Right to Walk as a Fundamental Right

Context

The Supreme Court, while hearing a compensation case involving the death of a five-year-old child hit by a tanker lorry in Karnataka, held that the right to walk on footpaths is a fundamental right protected under Article 21 of the Constitution.

Supreme Court's Key Observations

  • Walking on safe and accessible footpaths forms an integral part of the Right to Life.
  • Rapid motorisation has significantly reduced pedestrian safety and convenience.
  • Pedestrians are often treated as obstacles rather than legitimate road users.
  • Many Indian cities lack continuous, obstruction-free footpaths.
  • Urban planning remains largely vehicle-centric rather than people-centric.

Major Obstacles Faced by Pedestrians

  • Encroachments by street vendors.
  • Illegal parking on footpaths.
  • Utility installations and electric poles.
  • Construction debris and waste dumping.
  • Road-widening projects reducing pedestrian space.

Implementation Challenges

ChallengeExplanation
Cultural AcceptanceLegal recognition alone cannot transform public behaviour and urban practices.
Weak EnforcementMunicipal authorities often fail to remove obstructions and ensure pedestrian safety.
Fragmented GovernanceResponsibility is divided among multiple laws, agencies and planning bodies.
Infrastructure DeficitMost cities do not provide continuous and accessible pedestrian infrastructure.
Limited Impact of PenaltiesFines alone cannot ensure compliance without proper infrastructure.

Critical Concerns

  • The judgment may be used to justify removal of informal economic activities.
  • Street vendors and urban poor could face displacement.
  • Pedestrian-friendly initiatives should not become instruments of exclusionary urban development.
  • A balance is needed between mobility rights and livelihood rights.

Way Forward

  • Develop continuous and obstruction-free footpaths.
  • Ensure universal accessibility for children, elderly persons and persons with disabilities.
  • Strengthen municipal governance and accountability.
  • Integrate pedestrian-first planning into urban development strategies.
  • Protect both pedestrian mobility and informal livelihoods.

Conclusion

The Supreme Court's recognition of the right to walk as a fundamental right marks a significant shift towards safer and more inclusive cities. However, meaningful realization of this right requires robust pedestrian infrastructure, effective governance, and a balanced approach that safeguards both mobility and livelihoods.

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