Supreme Court Declares Right to Safe Sidewalks as Fundamental

In a significant ruling, the Supreme Court has recognized the right to safe sidewalks as a fundamental right, emphasizing the need for pedestrian safety in urban areas. This decision arose from a tragic incident involving a young boy who lost his life due to inadequate pedestrian infrastructure. The Court has mandated that local authorities ensure the construction and maintenance of sidewalks, prioritizing pedestrian safety over vehicular traffic. This ruling not only highlights the importance of pedestrian rights but also calls for accountability from government bodies in urban planning. Read on to discover the implications of this landmark decision.

By Narendra Chaudhary Jun 20, 2026, 14:41 IST

A Tragic Incident Highlights the Need for Safe Sidewalks

On a chilly morning with a clear sky, a five-year-old boy was walking hand-in-hand with his father, carrying his school bag on his small back. The school gate was just ahead, but there was no sidewalk to safely reach it. Vehicles were recklessly speeding by, leaving no safe space for pedestrians. Suddenly, a violent jolt occurred, and the child's tiny fingers slipped from his father's grasp. In an instant, everything changed. The school gate remained just a few steps away, while a father's world shattered forever.

In our country, sidewalks are either nonexistent or unsafe. If sidewalks do exist, they often pose risks to pedestrians. The Supreme Court has taken this issue seriously, declaring that walking on sidewalks is now a fundamental right, thus becoming part of our Constitution.

Details of the Supreme Court Ruling

On June 19, the Supreme Court delivered a landmark judgment. Justice P.S. Narasimha stated that when a road is constructed, it is the responsibility of the government and local administration to ensure safe sidewalks for pedestrians, which should be clearly marked and free from vehicular traffic. The right to walk on sidewalks takes precedence over any special rights of motor vehicles. This ruling stemmed from a tragic road accident involving a five-year-old boy who was struck by a tanker while walking to school with his father. The father sought ₹25 lakh in compensation, but the Motor Accident Claims Tribunal awarded only ₹8,20,000, which was later reduced to ₹4,70,000 by the High Court.

Walking Safely is a Basic Human Right

The Supreme Court overturned the High Court's decision, ordering the victim's father to receive ₹11,44,628 in compensation within two months. During the proceedings, the bench emphasized that walking safely is one of the most fundamental human activities and is directly linked to the right to life. Article 19(1)(d) of the Constitution grants citizens the right to move freely within the country, and walking is an integral part of that right. The Court noted that with increasing development, pedestrians have been overlooked, as wide roads and expressways have become symbols of progress. However, the question remains: what about the safety of those walking on sidewalks?

Challenges Faced by Pedestrians

In 2013, the Central Road Research Institute surveyed 14 kilometers of roads in the capital and found that 27% lacked sidewalks. Only 55% of the roads had sidewalks that met established standards. Pedestrians often had to navigate up and down from sidewalks approximately every 100 meters. Nalini Bhargava, who walks to her boutique in Delhi Cantonment, shared that she avoids sidewalks due to knee pain, making walking on the road a necessity. Many areas, including Dwarka, Uttam Nagar, Kirti Nagar, Najafgarh, and Patparganj, have public toilets occupying sidewalk space.

Constitutional Rights at Stake

The case revolved around the tragic death of a five-year-old boy who was hit by a tanker while walking to school with his father. The Supreme Court affirmed that the right to walk is linked to the freedom of movement under Article 19(1)(d) of the Constitution.

Supreme Court's Emphasis on Pedestrian Rights

The Supreme Court's remarks clearly indicate that pedestrians have the primary right on roads. However, the construction of roads and bridges in many cities suggests that pedestrian safety is not a priority. Aside from a few cities, most lack adequate sidewalks, and where they exist, they are often encroached upon. While roads are being widened to accommodate traffic, sidewalks are neglected. The Court has urged the government to legislate for the recognition of pedestrian rights and to hold local authorities accountable. Sidewalks must be constructed and maintained wherever roads exist. If any department fails to fulfill its responsibilities, it should face consequences. The Court's ruling also emphasizes that if a citizen's right is violated, they can seek legal action and compensation, ensuring accountability.