Is a Footpath a Fundamental Right in India? SC 2026

Yes. On 19 June 2026 the Supreme Court of India declared that the right to walk on safe, demarcated footpaths is a fundamental right under Article 19(1)(d) read with Article 21. It also held that municipal bodies have a matching enforceable duty to build and maintain footpaths wherever a road exists.

The case is Maniyar Iliyaz @ Shaik Riyaz v. P. Ayyappan, 2026 INSC 647, decided by Justices P. S. Narasimha and Atul S. Chandurkar. This page explains what the ruling actually says and, more importantly, what an ordinary citizen can do when a footpath near them is missing, broken, or encroached.

A young father woke his five-year-old son, got him ready and left home at 9 am to walk him to the neighbourhood school. As the two walked, a tanker came from behind and struck the boy, crushing his lower body. He did not survive.

In the Court's own words: “Take it for granted, there was neither a footpath nor a pedestrian crossing.” The father had claimed Rs 25,00,000 in compensation. The Motor Accidents Claims Tribunal awarded Rs 7,82,000. On appeal the High Court cut this down to Rs 4,70,000. The Supreme Court found that reduction to be an error and fixed the compensation at Rs 11,44,628, to be paid within two months.

But the judges did something larger. They used this one death to fix a gap that has killed pedestrians for decades: India had no clear legal right to a footpath at all.

The Court did not stop at a road-safety observation. It made three formal declarations. In its own words:

• “The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1)(b), Article 19(1)© and Article 21.” This right “will take within its sweep the right to demarcated footpaths”, and these rights “are primary and shall have priority over movement by motorised vehicles.”
• The right carries a “correlative duty”. If a road exists, “there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers.” The duty bearers are named plainly: urban development authorities, municipal corporations, municipalities and even panchayats.
• If this right is violated, a citizen may “invoke constitutional and legal remedies against duty bearers for restitution and compensation.” This remedy is “independent of the remedies that are available under the Motor Vehicles Act, 1988.”

The Court called a footpath “the minimum of the minimum duty that a municipal authority owes to the citizens”. It also directed the Registry to convert the matter into a petition under Article 32, titled “Re: Fundamental Right to Walk and Footpath”, and asked the Ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways, along with the Law Commission, to build a proper statutory framework.

Before this ruling, if you were hurt because a footpath was missing or blocked, your only real route was a motor-accident claim, which needs a vehicle and a driver to blame. This judgment adds a second, independent path: you can now hold the municipal body itself responsible for failing its duty.

The Court pointed to Sections 38 to 40 of the Specific Relief Act, 1963 (injunctions to enforce public duties) and to constitutional remedies as tools that can be used against the local authority. In plain terms: a broken or encroached footpath is no longer just an inconvenience. It is the breach of a fundamental right.

You do not need to go to the Supreme Court. Most footpath problems are fixed by pushing the local municipal body, and by using RTI to force a paper trail. Here is a practical order of steps.

1. Note the exact spot. Record the road name, nearest landmark, ward number and the problem (no footpath, broken slabs, open drain, vendor or parking encroachment). Take dated photos.
2. File a municipal complaint first. Lodge it in writing or on the municipal app or portal and keep the complaint number. See our step-by-step guide to filing a municipal complaint in India.
3. If the footpath is encroached, use the specific process for removing illegal occupation. Our encroachment complaint guide explains who to write to and how to escalate.
4. File an RTI if nothing moves. Ask the municipal corporation what budget was sanctioned for footpaths in your ward, what work was done, and the status of your complaint. Our RTI to improve local infrastructure page shows the exact questions to ask.
5. Escalate to the ward councillor and, if needed, a legal notice citing this judgment (2026 INSC 647) and the municipal duty it confirms.

A missing footpath often sits next to other civic failures. If your area also has dark stretches at night, our streetlight not working complaint guide uses the same complaint-and-RTI method.

You can generate a clean, correctly worded municipal complaint or RTI application using our free AI RTI Drafter. For the full method of asking sharp questions and appealing a “no reply”, read The RTI Playbook.

Yes. In Maniyar Iliyaz v. P. Ayyappan (2026 INSC 647), the Supreme Court declared that the right to walk on safe, demarcated footpaths is a fundamental right under Article 19(1)(d) read with Article 21. Wherever a road exists, there is a duty to provide a footpath.

The Court grounded the right to walk in Article 19(1)(d), the right to move freely, read together with Article 19(1)(a), (b) and © and Article 21, the right to life. It said pedestrian rights are primary and take priority over motorised vehicles.

The judgment names the duty bearers directly: urban development authorities, municipal corporations, municipalities and panchayats. They must demarcate, construct, maintain and safeguard footpaths and other pedestrian infrastructure.

Yes. The Court held that a violation of the right to walk entitles citizens to seek restitution and compensation from the duty bearers. This remedy is independent of any claim under the Motor Vehicles Act, 1988, so it does not depend only on blaming a driver.

Start with a written complaint to your municipal body and keep the complaint number. If it is ignored, file an RTI asking about the footpath budget and the status of your complaint, then escalate to the ward councillor or send a legal notice citing 2026 INSC 647.

Yes. The Court expressly included panchayats among the duty bearers, so the duty to provide footpaths where a road exists is not limited to big cities. It applies to urban and rural local bodies alike.

Not yet. The Court noted there is currently no dedicated legislation and directed the Union Ministries and the Law Commission to frame one. Until then, citizens rely on constitutional remedies and Sections 38 to 40 of the Specific Relief Act, 1963.

• Supreme Court of India, Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors., 2026 INSC 647, judgment dated 19 June 2026 (Narasimha and Chandurkar JJ). Official PDF: https://api.sci.gov.in/supremecourt/2024/42514/42514_2024_3_1501_71888_Judgement_19-Jun-2026.pdf
• Verdictum case report: https://www.verdictum.in/supreme-court/maniyar-iliyaz-shaik-riyaz-v-p-ayyappan-2026-insc-647-restitutionary-fundamental-right-to-walk-1616240

Reviewed by Dr. Shrawan Kumar Pathak. This page explains the law in plain language and is not a substitute for advice from a qualified lawyer on your specific facts.