Supreme Court Recognizes Right to Walk on Footpaths as Fundamental Right Under Article 21
Contents4
Indian Express - Explained · 25 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance
The Supreme Court declared walking on demarcated footpaths a fundamental right under Article 21, highlighting the need for pedestrian-centric urban planning amidst a 163% surge in pedestrian deaths over the past decade.
Key points
Fundamental Right under Article 21: The Supreme Court ruled that the right to walk safely on demarcated footpaths is a fundamental right under Article 21 (Right to Life and Personal Liberty), overriding the privilege of motor vehicles.
Pedestrian fatalities: Pedestrian deaths in India surged by 163% from 2015 to 2024, accounting for 20.61% of total road fatalities, up from 9.5% in 2015.
Motor Vehicles Act, 1988: The Court criticized the Act for prioritizing vehicles over pedestrians, noting it lacks provisions to protect pedestrian rights or hold officials accountable for footpath encroachments.
Judicial precedent: The case originated from the death of a 5-year-old boy struck by a tanker, with the Court increasing compensation from Rs. 4.70 lakh to Rs. 11.44 lakh, emphasizing accountability.
Urban planning critique: The Court highlighted the irony of road infrastructure favoring motorized vehicles over pedestrians, calling it a 'civilisational problem' that requires legislative intervention.
[GS3-Infrastructure] The ruling underscores the need for pedestrian-friendly urban planning, aligning with Sustainable Development Goal 11 (Sustainable Cities and Communities).
Accountability mechanisms: The Court urged the government to enact laws ensuring municipal bodies and road-owning agencies prioritize safe, unobstructed footpaths as a constitutional duty.
Way Forward: India should amend the Motor Vehicles Act to explicitly protect pedestrian rights, enforce strict penalties for footpath encroachments, and integrate pedestrian safety into urban development policies under the Smart Cities Mission.
Key terms
- Article 21
- Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty, interpreted by courts to include rights like dignity, privacy, and now pedestrian safety. This expansion reflects judicial activism in addressing contemporary governance challenges.
- Motor Vehicles Act, 1988
- A comprehensive legislation governing road transport in India, focusing on vehicle regulation, licensing, and traffic rules. The SC's critique highlights its failure to address pedestrian safety, necessitating reforms for inclusive urban mobility.
- Pedestrian fatalities
- Deaths of pedestrians in road accidents, which have surged to 36,526 annually (2024) in India. This public health crisis exposes systemic failures in urban planning and traffic management, relevant for GS3 (Disaster Management).
- Fundamental Rights
- Basic rights guaranteed under Part III of the Constitution (Articles 12-35), enforceable against state action. The SC's inclusion of pedestrian safety under Article 21 sets a precedent for expanding socio-economic rights through judicial interpretation.
Practice question
The Supreme Court recently recognized the right to walk on footpaths as a fundamental right under Article 21. Critically analyze the implications of this judgment for urban governance and pedestrian safety in India. (250 words, 15 marks)
GS2 15 marks 250 words Mains
Key terms to include: Article 21 Motor Vehicles Act, 1988 Pedestrian fatalities Fundamental Rights Urban governance Judicial activism Smart Cities Mission SDG 11
Answer framework
Introduction
Briefly introduce the Supreme Court's judgment, linking it to Article 21 and the broader context of pedestrian safety and urban governance.
Legal and Constitutional Implications
Expansion of Article 21 to include pedestrian safety as a fundamental right.
Judicial activism in addressing gaps in existing laws like the Motor Vehicles Act, 1988.
Precedent for future cases involving urban infrastructure and citizen rights.
Challenges in Urban Governance
Failure of municipal bodies to maintain unobstructed footpaths.
Lack of accountability mechanisms for footpath encroachments.
Prioritization of motorized vehicles over pedestrians in urban planning.
Impact on Pedestrian Safety
Potential reduction in pedestrian fatalities through stricter enforcement.
Need for legislative amendments to the Motor Vehicles Act.
Integration of pedestrian safety into Smart Cities Mission and SDG 11.
Way Forward
Amending the Motor Vehicles Act to explicitly protect pedestrian rights.
Strict penalties for footpath encroachments and better urban planning.
Public awareness campaigns and community participation in urban governance.
Conclusion
Summarize the judgment's significance in promoting pedestrian safety and call for a multi-stakeholder approach to implement the Court's directives effectively.
Fact check
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