The Supreme Court has held that walking on sidewalks is a fundamental right under the Constitution, and said pedestrians must be given priority over vehicular traffic on roads.
The ruling came while hearing a case in which a five-year-old boy, returning from school, died after being hit by a lorry. The court noted that the absence of a sidewalk or a designated pedestrian crossing at the accident spot was a key factor behind the child’s death.
A bench of Justices B.S. Narasimha and A.S. Chandurkar enhanced the compensation payable to the boy’s father to Rs 11,44,628 and directed that it be paid within two months. The bench also set aside the High Court order that had reduced the compensation.
In its order, the court said the “right to walk” flows from Article 19(1)(d), which guarantees freedom of movement within India, and is intertwined with Article 21, which protects life and personal liberty. It added that wherever there is a road, sidewalks must be provided and properly maintained by municipal bodies, panchayats and urban development authorities.
The court further observed that if sidewalks are absent or poorly maintained, pedestrians can seek legal compensation from the responsible authorities, independent of claims under the Motor Vehicles Act, 1988. It urged a shift from a vehicle-centric approach to a human-rights-centred legal framework, calling on relevant Union ministries and the Law Commission to work on appropriate legal measures.
