Kerala High Court Refuses To Give Exemption From Wearing Helmet On Motorbike On Health Grounds
The Kerala High Court has dismissed a Writ Petition seeking exemption on health grounds from wearing helmet while riding motorcycle. The Court noted at the beginning of its judgment that it found a meaningful message from the Hyderabad City Police on the internet, which said, "Don’t wear helmet because of police. Wear it to meet your family again".
The Bench of Justice PV Kunhikrishnan held that wearing of a helmet while riding a two wheeler is to protect the life of the citizen and that protection of the life of the citizen is the duty of the State. "If the petitioners are suffering from any illness which disable them from wearing helmets, they have to abandon their two wheeler ride", the Court added.
Advocate John Joseph (Roy) appeared for the Petitioners while Government Pleader BS Syamantak appeared for the State.
The Petitioners, husband and wife, approached the Court stating that due to their medical condition, they cannot put any weight on their head by wearing a helmet. They submitted that they have to come to Muvattupuzha Town for their every need and that there is no frequent public Transport service from the area of the petitioners to Muvattupuzha Town. They also said that they are unable to travel without helmets due to the newly introduced AI Camera surveillance.
The Court noted that as per Section 129 of the Motor Vehicles Act, 1988 and Rule 347 of the Kerala Motor Vehicles Rules, 1989, it is mandatory to wear headgear (helmet) for the rider and the pillion rider of a two-wheeler and that there cannot be any exemption to any citizen from wearing headgear (helmet) while riding a two-wheeler. "Wearing of helmet while riding a two wheeler is to protect the life of the citizen. Protection of the life of the citizen is the duty of the State. Therefore, there cannot be any exemption to the petitioners in wearing helmets, stating that they are suffering from some illness", the Court held.
The Court also held that there is no fundamental right to a citizen to use two wheelers without following the rules of the land. The Court also observed that there is public transport facility and private transport facility available in the State and that if the petitioners are suffering from illness, they can use the same.
The Court also praised the introduction of the controversial AI surveillance Cameras in the state. "We have to appreciate the government and its Motor Vehicle department for introducing the same. There is no criticism from any part against the installation of AI Cameras, even from opposition parties in the state. They also wholeheartedly accept the new venture. There may be objections regarding the transparency in the decision making by which the cameras and other equipment are purchased", the Court observed, referring to the allegations of corruption in the procuring and installing of the equipments.
"But in this new era of technology, installation of AI surveillance cameras is an innovative step to detect the violation of the road rule. The petitioners can’t evade the AI Cameras by getting an exemption", the Court concluded while dismissing the Writ Petition.
Cause Title: Mohanan V.V. & Anr. v.State of Kerala & Ors. [Neutral Citation 2023/KER/34588]
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