HC notice to Punjab, Haryana, UT making helmet must for women

CHANDIGARH: The Punjab and Haryana high court on Wednesday issued notice to Punjab, Haryana and Union Territory (UT) of Chandigarh after taking suo motu cognizance of the issue related to women riders not wearing helmets.

A division bench comprising Justice A K Mittal and Justice Amit Rawal issued the notice after treating a note presented by Anil Saini, a law researcher of the court, as public interest litigation (PIL). In the plea, directions have been sought from the

HC

to make wearing of protective headgear compulsory while driving/riding two wheelers for women, including Sikh women, not wearing turban.

“The primary grievance raised in the writ petition relates to the safety of women, including Sikh women who are not wearing turban, to wear safety headgear while driving or riding two wheelers of any class or description. Let notice be issued to the UT administration, states of Punjab and Haryana through their concerned home secretaries as well as the secretary (transport),” ordered the bench.

The court has also appointed advocate Namit Kumar as amicus curiae (friend of the court) in the matter. The bench further allowed Anil Saini as well as

Nitin Sachdeva

, law researchers of the court, to assist the amicus curiae.

The matter would now come up for hearing on January 11, 2018.

In his detailed note, addressed to the Chief Justice of the high court, the law researcher had referred to some media reports regarding accidents involving women on two wheelers because of non-wearing of helmets.

Referring to the provisions of the Motor Vehicle Act, it was submitted that the rules clearly provided wearing of a protective headgear on the motorcycle of any class or description. However, Sikhs wearing turban were exempted from wearing helmet. According to the author of the note, still most of the women, including the Sikhs, did not wear helmet. He also mentioned the rules of Punjab and Chandigarh, which exempts women from wearing helmets.

“No religion is above safety of measures. By exempting women from wearing helmets, Punjab and Chandigarh has put their life on danger. The inequality treatment by Punjab as well as Chandigarh is not justifiable keeping in view of the safety of the women. Even though Haryana does not provide any exemption to women from hearing helmets, yet no strict action is taken against those violating the rules,” the HC was told.

It was further stated that on one side the government was launching several schemes to save the girl child and women empowerment, on the other it had completely failed to save women from accidents by not making the protective headgears compulsory for them.


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