Delhi high court made it compulsory for all the two wheeler drivers to wear helmet by directing the Government of Delhi to make changes in the rules which exempted women and Sikh men from wearing helmets.
In petition filed at the HC by Mr. Ulhas PR, a documentary film maker, who takes up social issues in his documentaries, argued that the law should be equal for all regardless of caste, creed, gender and religion. Women and Sikhs wearing turbans are exempted from wearing helmets as per the existing Motor Vehicle Act (MVA).
Though the central MVA of Indian government clearly states that it is compulsory for the women riding pillion to wear helmets, Delhi government made the rule 115 subject to consideration in 1993. However, after the issue has been raised, it agreed to make necessary modifications. It was then that Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw directed the government to make necessary rectification to Delhi Motor Vehicles Rules within 60 days.
The petitioner also tried to prove the point to the court that due to the exemption from helmets while riding pillion many women lose their live. “Every year, about 60 to 70 women die due to head injuries sustained in road accidents involving two-wheelers, and the government should make wearing helmets compulsory for all pillion riders as well,” the petition says.
According to National Crime Records Bureau (NCRB), two wheelers accidents took the lives of around 64 women in 2010 and 50 in 2011. It was in 1990's that the Sikh community was enraged because of the Federal MVA of 1988 made it compulsory for every person driving or riding a two wheeler to wear a helmet.
They argued that it was against their religion to wear anything other then turban. The leaders of Sikh community threatened to start protests and make it an important issue. Even though, they did agree upon the benefits of wearing helmets and maintained that they would not mind if any individual Sikh man or woman opt to wear one. After this the Sikh men were exempted from wearing helmets because of turbans. The government also made optional for all female pillion riders to wear helmets as it is not possible to distinguish a Sikh woman from a non- Sikh.
The Delhi Police has been constantly arguing that wearing helmets should be made compulsory for all without giving a slightest consideration to issues like religion, caste, gender etc. Statistics from National Crime Records Bureau (NCRB) reveals that 1, 33,938 people are killed in road accidents in the country every year out of which 366 accidents occur per day.
Joint Commissioner of Delhi Traffic Police Satyendra Garg stated “We welcome this order (by the HC). We have always argued that safety is more important than convenience”.
People who keep safety factor above all have been wearing helmets with their own choice. However, a mandatory rule is the need of the hour, so that the police can enforce the law.
