Supreme Court declares right to walk on footpath a fundamental right

The Supreme Court decision on the right to walk on a footpath is a key step towards better pedestrian rights and urban governance in India. In a precedent-setting decision, the Supreme Court decided that citizens have a basic entitlement to walking safely and freely on footpaths without obstruction. The court...

Supreme Court declares right to walk on footpath a fundamental right
Supreme Court

The Supreme Court decision on the right to walk on a footpath is a key step towards better pedestrian rights and urban governance in India. In a precedent-setting decision, the Supreme Court decided that citizens have a basic entitlement to walking safely and freely on footpaths without obstruction. The court said that Article 21 of the Constitution guarantees people the right to life and personal freedom, including the right to stroll freely on the pavement.

The ruling underscores the fact that roads are not just for cars. Rather, urban infrastructure should be accessible to walkers and include people of all ages, in particular children and senior citizens, disabled persons and other vulnerable sections of society. The Supreme Court walk-on-the-path decision will impact urban planning, traffic control and public safety policies throughout the country going forward.

Key Highlights: Supreme Court Right to Walk on Footpath

  • Ensures that the public has the right to walk on a footpath.
  • Safe access to footpaths was identified as a right in Article 21 by the Supreme Court.
  • The decision says that Public Highway Paths are solely for pedestrian use and cannot be blocked.
  • The state governments and local authorities are responsible for providing uncrowded footpaths.
  • The ruling reveres inclusiveness as a form of urban planning and pedestrian-friendly infrastructure.
  • A safe environment for children, senior citizens, and persons with disabilities is given the highest priority.
  • Municipalities could find their responsibilities for providing walkable public places surrounding them raised.

What Did the SC Say About the Right to Walk on the Footpath?

The Supreme Court ruling in the case of ‘right to walk on footpath’ only reaffirms the constitutional right to life, which is not limited to survival. The court stated that mobility is important to a dignified life and that it was important for them to move in a safe manner.

The judgment provides, “footpaths are public spaces in which walking is expected. The neglect of maintaining forests and infrastructure, illegal encroachments and unauthorised parking infringe citizens’ constitutional rights. The court also noted the government’s responsibility to develop and maintain accessible, seamless pathways for all citizens to be present.

Fundamental Rights (PYQs) 

Year Exam Question Options Correct Answer
2025 UPSC Prelims Which Article of the Constitution guarantees the Right to Constitutional Remedies? (A) Article 19

(B) Article 21

(C) Article 32

(D) Article 368

(C) Article 32
2024 SSC CGL The Right against Exploitation prohibits which of the following? (A) Child labour in hazardous industries

(B) Human trafficking

(C) Forced labour

(D) All of the above

(D) All of the above
2023 UPSC Prelims Article 19 of the Constitution guarantees how many freedoms to citizens? (A) Four

(B) Five

(C) Six

(D) Seven

(C) Six
2023 RRB NTPC Which Article abolishes untouchability? (A) Article 15

(B) Article 16

(C) Article 17

(D) Article 18

(C) Article 17
2022 SSC CHSL Equality of opportunity in matters of public employment is guaranteed under which Article? (A) Article 14

(B) Article 15

(C) Article 16

(D) Article 17

(C) Article 16
2022 UPSC Prelims Protection in respect of conviction for offences is provided under which Article? (A) Article 19

(B) Article 20

(C) Article 21

(D) Article 22

(B) Article 20
2021 State PSC Which of the following Fundamental Rights is available only to citizens of India? (A) Article 14

(B) Article 19

(C) Article 21

(D) Article 22

(B) Article 19
2021 SSC CGL Which Article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth? (A) Article 14

(B) Article 15

(C) Article 16

(D) Article 17

(B) Article 15
2020 UPSC Prelims The Right to Education is guaranteed under which Article? (A) Article 19A

(B) Article 20A

(C) Article 21A

(D) Article 22A

(C) Article 21A
2020 RRB Group D Which Article guarantees protection of life and personal liberty? (A) Article 19

(B) Article 20

(C) Article 21

(D) Article 22

(C) Article 21
2019 SSC CHSL Freedom of speech and expression is guaranteed under which Article? (A) Article 19(1)(a)

(B) Article 20

(C) Article 21

(D) Article 25

(A) Article 19(1)(a)
2019 UPSC Prelims Cultural and Educational Rights are covered under which Articles? (A) Articles 25–28

(B) Articles 29–30

(C) Articles 32–35

(D) Articles 14–18

(B) Articles 29–30
2018 State PSC Which Fundamental Right was described by Dr. B.R. Ambedkar as the “heart and soul” of the Constitution? (A) Article 14

(B) Article 19

(C) Article 21

(D) Article 32

(D) Article 32
2017 SSC CGL Freedom of religion is guaranteed under which Articles? (A) Articles 19–22

(B) Articles 23–24

(C) Articles 25–28

(D) Articles 29–30

(C) Articles 25–28
2016 UPSC Prelims Which of the following Fundamental Rights is available to both citizens and non-citizens? (A) Article 19

(B) Article 29

(C) Article 30

(D) Article 21

(D) Article 21

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Conclusion on Right to Safe Footpaths Is a Fundamental Right

The Supreme Court’s right to walk on a footpath ruling is a monumental stride toward making Indian cities safe and accessible. Acknowledging pedestrian access as a fundamental right under Article 21, the Supreme Court has reiterated that `urban infrastructure must be for people and not for vehicles. Governments and local councils now have a clear responsibility to clear footpaths, ensuring they are safe, accessible and free from obstructions. Overall, the Supreme Court’s right to walk on the footpath decision may change urban planning, enhance public safety and encourage a more equitable use of public spaces throughout the nation.

FAQs – Supreme Court Right to Safe Footpaths

The Supreme Court held that citizens have a fundamental right to walk safely on footpaths as part of the right to life under Article 21.
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