22 June 2026 Legal Updates

"The Right to Walk is Fundamental": Supreme Court Declares Right to Demarcated Footpaths Under Article 21; Enhances Compensation for Child’s Death

In a path-breaking judgment that moves the Indian legal regime from being "vehicle-centric" to "human-centric," the Supreme Court of India declared the "Right to Walk" on safe, demarcated footpaths as a Fundamental Right under Part III of the Constitution. The Court observed that walking is the simplest human activity and its protection is inextricably connected to the Right to Life.

Case Details

1. Case Title: 

• Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors.

2. Court: 

• Supreme Court of India

3. Judge(s): 

• Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar

4. Citation: 

• 2026 INSC 647

5. Stage of Proceedings: 

• Civil Appeal against a High Court order that reduced the compensation awarded by the Motor Accident Claims Tribunal (MACT).

6. Statutory/Constitutional Provisions Involved:

• Constitution of India: Article 19(1)(d) (Right to move freely), Article 21 (Right to Life).
• Motor Vehicles Act, 1988: Section 166 (Compensation).
• Minimum Wages Act, 1948: For calculating notional income.

Facts of the Case

• In November 2001, a father was walking his five-year-old son to school when a water tanker struck the boy from behind. The child died due to crushing injuries to his waist and lower body.
• The road had neither a footpath nor a pedestrian crossing, forcing the victims to walk on the motorized path.
• The MACT awarded Rs. 7,82,000 with 6% interest in 2016.
• On appeal, the High Court reduced the compensation to Rs. 4,70,000, prompting the parents to move the Supreme Court.

Issues Raised

• Whether the "Right to Walk" is a Fundamental Right under the Indian Constitution?
• Whether municipal and urban authorities have an enforceable duty to provide and maintain footpaths?
• Whether the High Court erred in reducing the compensation for the death of a minor child?

Contentions of the Petitioner (Appellants)

• The High Court’s reduction of compensation was arbitrary and ignored the value of a young life.
• The accident was a direct result of the lack of pedestrian infrastructure (footpaths).
• The state has a duty to ensure safe passage for citizens who do not use motorized transport.

Reliance on Supreme Court Judgment

The Court relied on:

• Karuna Parmar v. Prakash Sinha (2025): Used for the formula to calculate the notional income of a child based on the Minimum Wages Act.
• S. Rajaseekaran v. Union of India: Regarding road safety monitoring.

Court's Reasoning & Key Findings

• Walking vs. Wheels: The Court held that the "Right to move freely" under Art 19(1)(d) must not be associated only with "wheels." Walking is an ancient activity that precedes motorized transport.
• Right to Footpaths: The Court declared that the Right to Walk includes the right to safe and demarcated footpaths. This right is primary and shall have priority over the movement of motorized vehicles.
• Statutory Impediment: The Court observed that the Motor Vehicles Act, 1988 is "vehicle-centric," treating human interests and pedestrians as merely "incidental." This "civilizational problem" must end.
• Enforceable Duty: Urban Development Authorities, Municipalities, and Panchayats have a mandatory duty to construct and maintain footpaths wherever a road exists.
• Compensation Correction: The Court found the High Court’s reduction of compensation to be an error. Using the "Minimum Wages" for a skilled worker (Rs. 223/day in 2014) as a benchmark, the Court recalculated the dependency, future prospects, and multiplier.

Final Verdict

• Appeal Allowed: The High Court order was set aside.
• Enhanced Compensation: The Supreme Court increased the compensation to Rs. 11,44,628/- (plus interest).
• Writ Conversion: The Court directed the Registry to re-number this case as an Article 32 Petition titled "Re: Fundamental Right to Walk and Footpath."
• Policy Direction: Copies of the judgment were sent to the Ministries of Housing, Rural Development, and Road Transport to initiate a legal framework for pedestrian rights.

Legal Principles Established

• Principle 1: The Right to Walk is Fundamental. It is integral to Articles 19(1)(d) and 21.
• Principle 2: Pedestrian Priority. The right of a citizen to walk on a footpath overrides the privilege of motorized vehicles to use the road.
• Principle 3: Restitutionary Remedy. Violation of the right to walk on footpaths entitles citizens to seek constitutional remedies and compensation against municipal duty bearers.
• Principle 4: Non-Incidental Nature of Pedestrians. Citizens are not "nuisances" for drivers; they are primary road users with superior constitutional status.

The Relevant Statutory Provisions

• Article 19(1)(d): Right to move freely throughout the territory of India.
• Article 21: Right to Life and Personal Liberty (now includes safe walking).
• Section 166, MV Act: Procedure for claiming compensation in accident cases.
• Minimum Wages Act: Used as a tool for "notional income" assessment in cases where the victim (like a child) was not an earning member.

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