Illness cannot be Ground to Seek Exemption From Wearing Helmet: Kerala High Court

Jun24,2023 #Helmet #Kerala High Court

LI Network

Published on: 24 June 2023 at 17:14 IST

The Kerala High Court has ruled that being ill does not justify avoiding the requirement of wearing helmets while riding motorcycles.

The individuals who filed the petition argued that due to their ongoing medical treatment, they were unable to bear the weight of heavy objects like helmets on their heads.

They approached the Court because of the implementation of AI surveillance cameras on the state’s roads. Nonetheless, the Court rejected the plea of the petitioners and affirmed that nobody can be excused from wearing a helmet while operating a two-wheeler.

Justice PV Kunhikrishnan’s bench maintained that there should be no exceptions granted to individuals when it comes to wearing helmets while driving or riding a two-wheeler. The judge firmly stated that if the petitioners are unable to wear helmets due to an illness, they should refrain from using two-wheelers altogether. In such circumstances, they cannot neglect the requirement of wearing a helmet while driving or riding. The judge emphasized that the purpose of wearing a helmet while operating a two-wheeler is to safeguard the lives of citizens.

The Petitioners had requested the Kerala State Police Chief and the Transport Commissioner to exempt them from wearing helmets, but the Court cited Section 129 of the Motor Vehicles Act, 1988, and Rule 347 of the Kerala Motor Vehicles Rules, 1989. The Court noted that both the rider and the pillion rider of a two-wheeler are obligated to wear helmets according to these provisions. The Court further highlighted that the Petitioners cannot evade the scrutiny of AI cameras and disregard the law.

The Court emphasized that it is the State’s responsibility to safeguard the lives of its citizens. Consequently, no exemptions can be granted to the petitioners on the grounds of their illness when it comes to wearing helmets. The Court stated that there is no fundamental right for citizens to use two-wheelers without adhering to the regulations in place. The State provides both public and private transportation options, which the petitioners can utilize if they are facing health issues. They cannot violate the law, ride two-wheelers without helmets, and evade AI cameras.

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