.webp)
In a significant judgment linking everyday mobility with constitutional freedoms, the Supreme Court has declared that the right to walk is a fundamental right under the Constitution and includes the right to safe, demarcated footpaths. The ruling came while deciding an appeal arising from the death of a five-year-old child who was fatally hit by a tanker while walking to school with his father.
A Bench of Justices P. S. Narasimha and Atul S. Chandurkar delivered the judgment on June 19, 2026, in Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors.
Background of the Case
The case stemmed from a tragic accident in which a five-year-old boy lost his life after a tanker struck him from behind while he was walking to school with his father. The Motor Accident Claims Tribunal (MACT) had awarded compensation of ₹7.82 lakh to the family.
However, the High Court later reduced the compensation to ₹4.70 lakh while allowing an appeal filed by the insurer. Challenging that reduction, the child's father approached the Supreme Court.
While examining the appeal, the Court moved beyond the facts of the accident and addressed a broader constitutional issue concerning pedestrians' rights.
The Bench observed,
“The primary right of movement under Article 19(1)(d) is the Fundamental Right to Walk.”
The Court said walking is closely connected with the right to life and personal liberty and cannot be treated as secondary to motorized transport. It emphasized that citizens should have access to safe and clearly marked footpaths wherever roads exist.
According to the judgment, the right to walk includes the right to demarcated footpaths, and this right must receive priority over the movement of motor vehicles.
The Bench further noted that urban development authorities, municipal corporations, municipalities, and panchayats have a corresponding duty to create, maintain, and protect pedestrian infrastructure.
The Court stated,
“If a road exists, there must then be a duty to ensure that a footpath is demarcated and maintained for the walkers.”
The Court pointed out that while several fundamental rights have dedicated statutory frameworks, no comprehensive legislation currently exists to protect pedestrians' rights.
It directed that a copy of the judgment be sent to the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways, as well as the Law Commission, for consideration of a legal framework recognizing the right, identifying duty bearers, and providing remedies.
The Bench also clarified that citizens may seek constitutional and legal remedies if authorities fail to provide or maintain pedestrian infrastructure. Such remedies, it said, are independent of compensation claims under the Motor Vehicles Act.
On the compensation issue, the Supreme Court held that the High Court erred in reducing the amount awarded to the child's family.
Applying principles laid down in an earlier decision relating to the death of a minor child, the Court recalculated the compensation and enhanced it to ₹11,44,628, including amounts for loss of dependency, consortium, estate, and funeral expenses.
The Court directed that the amount be paid within two months.
In its concluding directions, the Supreme Court formally declared that the right to walk, including the right to demarcated footpaths, is a fundamental right protected under Articles 19 and 21 of the Constitution.
It further held that public authorities have a duty to provide and maintain pedestrian infrastructure and that violations of this right can give rise to constitutional and legal remedies.
The appeals were accordingly disposed of.
Case Details:
Case Title: Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors.
Case Number: Civil Appeal Nos. 4665-4666 of 2025
Judges: Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar
Decision Date: June 19, 2026
 Act, 1994 (PCPNDT Act)-300x169.webp)
