Sikh Motorcyclists Either Male Or Female Wearing Turbans Are The Only Exemptions From Helmet Rule: P&H High Court
|The Punjab and Haryana High Court clarified that individuals who follow the Sikh religion are exempt from the requirement of wearing helmets while riding motorcycles, but only if they are wearing a turban.
The High Court had taken suo motu notice regarding the safety of women riding motorcycles, particularly the issue of Sikh women not wearing turbans and whether they should be exempt from helmet rules.
A Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal were reviewing a 2022 amendment to Section 129 of the Motor Vehicles Act. The Court said, “A bare perusal of the aforesaid provision reveals that except for a person belonging to Sikh religion, who is wearing a turban, no other person (male or female) while driving or riding on the motorcycle in a public place, is exempted from wearing a headgear conforming to the standards, as prescribed by the Central Govt”
The Court's ruling emphasized that the exemption from wearing a helmet applies specifically to Sikh individuals who are wearing a turban, as outlined in the 2022 amendment.
The High Court directed the authorities in Punjab, Haryana, and Chandigarh to provide data on the number of challans (traffic fines) issued to women who were found riding motorcycles without helmets.
Cause Title: Court on its own motion v. Chandigarh Administration & Ors.
Appearance:
Respondents: Additional Solicitor General of India, SP Jain, along with Senior Panel Counsel Gurmeet Kaur Gill, Additional Advocate Generals, Saurav Khurana and Deepak Balyan, Senior Advocate PS Hundal, along with Advocates Mrigank Sharma and Gurparmeet Singh.