Supreme Court Declares Right to Walk a Fundamental Right – Comprehensive Case Analysis

Case Snapshot

• Case Name: Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors.

• Citation: 2026 INSC 647

• Bench: Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar

• Date of Judgment: 19 June , 2026

• Area of Law: Constitutional Law, Motor Accidents Compensation, Municipal/Urban Planning Law

Judgment in Brief

In a profoundly transformative ruling, the Supreme Court declared that the right to walk on a demarcated footpath is a fundamental right under Part III of the Constitution. The Court held that this right flows primarily from Article 19(1)(d) (freedom of movement) and Article 21 (right to life), and it also embodies the freedoms of expression, assembly, and association under Article 19(1)(a), (b), and (c).

Critically, the Court ruled that a pedestrian's right to walk on a footpath is primary and shall have priority over the movement of motorised vehicles. It further held that wherever a road exists, public authorities have a correlative, enforceable duty to construct and maintain demarcated footpaths. The Court directed the Union Government and the Law Commission to consider enacting a dedicated statutory framework for this right. On the facts of the case, the Court enhanced the compensation for the father of a deceased five-year-old boy from the reduced amount to ₹11,44,628.

Relevant Facts

The appellant-father was walking his five-year-old son to the neighbourhood school at 9 am. A tanker came from behind and struck the boy, crushing his waist and lower body, resulting in his death. The Court explicitly noted that on that stretch of road, th

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