Helmet exemption to Sikhs on reasonable classification: HC

The exemption granted to Sikh men wearing turbans from wearing helmets while riding two-wheelers is not on the basis of religion but “reasonable classification”, the Bombay High Court has said, dismissing a petition challenging the same.

Justices Urmila Joshi-Phalke and Nivedita Mehta of the Nagpur bench on Monday dismissed the petition filed by Kirtesh Chaudhari, a 23-year-old student.

The plea challenged a proviso to section 129 of the Motor Vehicles Act which grants this concession, claiming that it violated the right to equality.

The high court said the plea was misconceived, and Article 14 of the Constitution (right to equality) prohibits class legislation and not reasonable classification.

“Article 14 permits reasonable classification, meaning thereby the Government can make a distinct class for different groups if there is a valid and logical basis and a public purpose,” the HC said.

“Exemption given to the Sikhs is not on the basis of caste or creed or religion,” the court said.

Under section 129 of the Motor Vehicles Act, every person riding a two-wheeler has to wear a helmet. A proviso to the section says it shall not apply to a Sikh person wearing a turban.

The petition claimed that equality before the law means no person or class should have a special privilege.

The Union Government opposed the plea, claiming that the exemption was a reasonable classification.

The high court said that the law which makes helmets compulsory was framed to protect lives, but the exemption cannot be said to violate any of the fundamental rights.