A Footpath Is Not a Luxury: Why the Supreme Court Wants a Law to Protect India's Pedestrians

  •   Sat, Jun 20 2026
  •   By Adv Juhi Damodar

June 20, 2026

"A footpath is not a luxury. It is a constitutional necessity."

A city is not judged by how fast its cars move, but by how safely its people can walk.

In a significant reaffirmation of constitutional values, the Supreme Court of India, in Maniyar Iliyaz Shaik Riyaz v. P. Ayyappan (C.A. Nos. 4665-4666 of 2025), observed that pedestrians have a fundamental right to footpaths and that motorists cannot negate the right of citizens to walk safely. The Court also indicated the need for a dedicated law to protect footpaths and pedestrian rights across the country.

At first glance, the issue may appear to concern traffic management. In reality, it goes to the heart of constitutional governance and the fundamental rights guaranteed under Article 21 of the Constitution.

The Forgotten Majority

Despite rapid urbanisation and growing vehicle ownership, walking remains one of the most common modes of travel in India. Millions of citizens walk daily to schools, colleges, workplaces, hospitals, markets, bus stops, and railway stations.

Yet pedestrians are often treated as an afterthought in urban planning. Footpaths are routinely occupied by parked vehicles, commercial encroachments, construction debris, utility installations, and illegal structures. In many places, they are either absent or unusable.

As a result, pedestrians are forced onto roads alongside fast-moving traffic, exposing them to unnecessary risks. The Supreme Court's observations remind us that pedestrians are not secondary users of public roads. They are citizens entitled to constitutional protection.

The Constitutional Right to Walk

The Supreme Court has consistently interpreted the right to life under Article 21 as including the right to live with dignity, safety, and meaningful access to public spaces.

Walking is one of the most basic forms of human movement. Without safe pedestrian infrastructure, citizens are effectively denied access to education, employment, healthcare, recreation, and community life.

A footpath, therefore, is not merely an engineering feature. It is an essential component of the constitutional promise of dignity and equality.

Why the Judgment Matters

For decades, urban development has largely prioritised vehicular movement. Road widening, traffic management, and parking facilities often receive greater attention than pedestrian safety.

The Supreme Court's observation that motorists cannot negate the right to walk challenges this approach. Public roads are shared civic spaces and must accommodate all users, especially the most vulnerable.

The absence of safe footpaths disproportionately affects children, senior citizens, women, and persons with disabilities. For these groups, pedestrian infrastructure is not merely a convenience but a necessity.

Why India Needs a Footpath Protection Law

The Court's suggestion that India consider a dedicated legal framework for pedestrian rights deserves serious attention.

Currently, pedestrian protection is fragmented across municipal laws, traffic regulations, and planning guidelines. A comprehensive law could:

  • Recognise pedestrian rights.
  • Mandate construction and maintenance of footpaths.
  • Ensure accessibility standards.
  • Prevent illegal encroachments and parking on footpaths.
  • Fix accountability on public authorities.

Just as environmental protection evolved through legislation, pedestrian rights may require statutory recognition to ensure effective implementation.

Lessons for Coastal Karnataka

The judgment has particular relevance for rapidly growing urban centres such as Mangaluru, Udupi, Manipal, and Kundapura.

In April 2026, residents raised complaints before the Mangaluru City Corporation regarding footpaths near the railway station and Attavar being occupied by parked vehicles, forcing pedestrians onto busy roads. Road-safety reviews in Udupi have similarly identified accident-prone locations where pedestrian facilities require urgent improvement.

The tragic death of a pedestrian in Brahmavar in late 2025 serves as a reminder that inadequate pedestrian infrastructure can have fatal consequences.

For students walking to educational institutions, patients visiting hospitals, senior citizens attending places of worship, and ordinary residents carrying out daily activities, safe footpaths are not a luxury but a necessity.

Conclusion

The Supreme Court's observations in Maniyar Iliyaz Shaik Riyaz v. P. Ayyappan represent an important reaffirmation of constitutional values. By recognising that pedestrians have a fundamental right to footpaths and by calling for a dedicated legal framework, the Court has highlighted an issue that affects millions of Indians every day.

A footpath is not merely a strip of concrete beside a road. It is a public necessity, a constitutional entitlement, and a symbol of an inclusive society.

The challenge now lies with lawmakers, urban planners, municipal authorities, and citizens to ensure that India's roads are designed not merely for vehicles, but for people.

 

 

 

 
By Adv Juhi Damodar
Adv Juhi Damodar is an advocate, published author, legal researcher, TEDx speaker, and chairperson of the Child Welfare Committee, Udupi. She writes on constitutional law, child rights, family law, governance, and public policy, with a focus on social justice and the rights of vulnerable sections of society.
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Comment on this article

  • Rich, Mangalore

    Sat, Jun 20 2026

    Good article. One can also clearly see in google street view map how our India's road side pathways are encroached . Other than parking , uneven levels ,commercial encroachments, debris etc. another common view one can see is ramps on road from the premises and this is because of storm drain type .Our storm drains are generally open channel type and flushes with road level and someone wants a entry to his premises he has to cover the drain and obviously he has to provide a ramp from the cover edge towards the road as the cover comes above road level . Again the length of ramp depends on the cover thickness, higher the thickness longer the ramp . Our roads are narrow ,traffic is increased and these ramps creates a hurdle particularly for pedestrians and bikes etc. and many times accidents are happening.


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