Kerala High Court: In a petition seeking exemption from wearing helmets while riding two wheelers on medical grounds, P.V. Kunhikrishnan, J. dismissed the same holding that there cannot be any exemption to a citizen from wearing helmet while riding a two wheeler.
In the matter at hand, petitioners were suffering from heavy headache and going through undergoing continuous treatment for the same. The petitioners were not able to cover their heads and put any weight upon the head with articles like helmet. Hence, they want exemption from wearing the helmet while travelling on two wheeler within their territorial jurisdiction to avoid fine being imposed due to the A.I. camera footage.
The Court reminisced a meaningful, yet heart-breaking message shared in the past on Hyderabad City Police’s Twitter handle as “DON’T WEAR HELMET BECAUSE OF POLICE. WEAR IT TO MEET YOUR FAMILY AGAIN”.
The Court analysed Section 129 of Motor Vehicles Act, 1988 and Rule 347 of Kerala Motor Vehicles Rules, 1989 which made it mandatory to wear a ‘protective headgear’, i.e., a helmet for the rider and pillion rider of a two-wheeler. It further clarified that “There cannot be any exemption to any citizen from wearing headgear (helmet) while riding a two wheeler.”
The Court referred to Narayanan Nair v. State of Kerala, 2003 SCC OnLine Ker 249 regarding MV Act 1988 laying stricter procedures. It further pointed towards the decision in Narayanan Nair v. State of Kerala, 2003 SCC OnLine Ker 249 which held inoperative and invalid the exemption to pillion riders from wearing helmets. The Court referred to the judgment of Madhya Pradesh High Court in Rajneesh Kapoor v. Union of India, 2007 SCC OnLine MP 130 and held that there cannot be any exemption to a citizen from wearing helmet while driving and riding a two wheeler.
The Court said that petitioners have to abandon two-wheeler ride if they were suffering from any illness which disables them from wearing helmets. It further clarified that wearing helmets during a two-wheeler ride is to protect the citizen’s life, which is the duty of the State, and that there is no fundamental right to use two wheelers without following the rules since public and private transport facility is also available. The Court also said that an innovative venture initiated by the Motor Vehicle department may not be discouraged and applauded installation of AI surveillance cameras as an innovative step for detection of violation of road rules. The Court made it clear that the petitioners could not evade AI cameras by getting an exemption as sought in the instant matter, and dismissed the same.
[Mohanan V.V v. State of Kerala, 2023 SCC OnLine Ker 4485, decided on 19-06-2023]
Advocates who appeared in this case :
For the Petitioner: Advocate John Joseph (Roy), Advocate Angel Gloria V.S.;
For the Respondents: Government Pleader B.S. Syamantak.
