The Supreme Court has held that walking on a sidewalk is a fundamental right, and said authorities must ensure footpaths exist wherever there are roads and that they are properly maintained.

A Bench of Justices P.S. Narasimha and A.S. Chandurkar made the observation while hearing a case linked to the death of a five-year-old boy who was hit by a truck while walking to school with his father.

Reading out the judgment, Justice Narasimha said the right to walk safely and without constant fear at every turn is inseparable from human life, and cannot be treated as secondary to the “special privilege” enjoyed by motor vehicles. The court noted that the Constitution recognises citizens’ right to move freely across India.

The judgment also pointed to how economic growth, commerce and urbanisation have increasingly prioritised wider roads and high-speed highways, leaving little space for pedestrians and turning footpaths into an inconvenience for motorists.

Calling for systemic change, the court said a regulatory mechanism is necessary to promote and implement the fundamental right to walk on sidewalks. It directed that a copy of the verdict be sent to the Union ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways to initiate discussion on the required framework and infrastructure.