India
Only Sikhs wearing turbans are exempt from wearing helmets, the Punjab and Haryana High Court has clarified | India News – Times of India
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The clarification was made by the Division Bench, comprising Chief Justice Sheel Nagu and Justice Anil Kshetarpal, following an amendment to Section 129 of the Motor Vehicles Act in 2022, Bar and Bench reported.
“A simple perusal of the above provision reveals that except a person belonging to the Sikh religion and wearing a turban, no other person (male or female) while driving a car or riding a motorcycle in a public place is exempt from wearing a turban. headgear conforming to the standards as prescribed by the Central Government,” the Court said.
The Bench has asked authorities in Punjab, Haryana and Chandigarh to submit data on the number of challans issued to women riding or riding on motorcycles without helmets.
The Supreme Court had initiated a suo motu proceeding in 2017 on the safety of women on motorcycles, with a particular focus on Sikh women who did not wear turbans. In 2018, the Court questioned Punjab’s decision to exempt all Sikh women from wearing helmets.
Subsequently, Punjab and Chandigarh changed their rules, making wearing helmets mandatory for all women on two-wheelers, except Sikh women who wear turbans. However, the Union government did not agree to this change.
The Center directed the Chandigarh government in October 2018 to exempt all Sikh women from the helmet requirement, following objections from several Sikh organisations, including the Shiromani Akali Dal.
APP PS Paul represented UT Chandigarh, while Additional Solicitors General Saurav Khurana and Deepak Balyan appeared for Punjab and Haryana respectively, according to Bar and Bench.
Additional Solicitor General SP Jain with Senior Panel Counsel Gurmeet Kaur Gill represented the Union of India, while Senior Advocate PS Hundal with advocates Mrigank Sharma and Gurparmeet Singh appeared before the Shiromani Gurdwara Parbandhak Committee.
