Source: TH
The Supreme Court of India delivered a landmark judgment in the case of Maniyar Iliyaz @ Shaik Riyaz v. P. Ayyappan & Ors. (2026), declaring that the right to walk on safe and demarcated footpaths is a Fundamental Right.
Surge in Pedestrian Fatalities: Contextualizing the urgency, data reveals a catastrophic rise in pedestrian vulnerabilities. Pedestrian deaths surged by nearly 163% between 2015 and 2024, with their share in total road fatalities more than doubling from 9.5% to 20.61%. Constitutional Basis: The right to walk is an integral part of the right to free movement guaranteed under Article 19(1)(d), and it also embodies expressional, congregational, and associational rights under Articles 19(1)(a), 19(1)(b), and 19(1)(c), read in conjunction with the right to life under Article 21. Absolute Priority over Vehicles: The Court held that while the freedom to walk is subject to reasonable restrictions, pedestrians' right to use designated footpaths takes precedence over the movement and privileges of motorized vehicles, and public spaces cannot be monopolized by drivers. Enforceable Correlative Duty: The mere existence of a road creates an enforceable legal duty on public bodies, specifically Urban Development Authorities, Municipal Corporations, Municipalities, and Panchayats, to demarcate, construct, and maintain safe footpaths for walkers. Citizens now have the right to invoke restitutionary constitutional and legal remedies against these duty-bearers for failing to provide safe footpaths, a mechanism that is completely independent of the compensation remedies available under the Motor Vehicles Act, 1988. Critique of the Motor Vehicles Act, 1988: The Apex Court criticised the existing legislation, noting that it undermines walkers' rights by establishing the "vehicle" as the primary subject, treating human and pedestrian interests as merely incidental. Emphasising the need for modern institutional governance, the Court urged the formulation of dedicated laws and the establishment of an independent, full-time regulatory body with domain expertise to protect and plan for pedestrian rights. Suo Motu Intervention: The Court directed its Registry to forward the judgment to the Law Commission of India and key ministries including Housing and Urban Affairs, Rural Development, and Road Transport and Highways to initiate the necessary legal framework and identify duty-bearers.