HC uphelds Govt order making helmet wearing compulsory

Chennai, Aug 31 (UNI) The Madras High Court (HC) today upheld a Tamil Nadu Government order making helmet wearing compulsory for two-wheeler riders and said the relevant section of the Central Motor Vehicles Act was binding on all the states.

Dismissing a batch of writ petitions challenging the February 22 Government Order making helmet wearing compulsory in six corporation limits of the state from June one and the rest of the state from July one, a division bench comprising Justice S J Mukhopathyaya and Justice K Suguna rejected the contention of the petitioners that Sec 129 of the Motor Vehicles Act was only clarificatory in nature and held that it was mandatory.

''State Governments are bound to give effect to it'', the bench said.

The bench also rejected the contention of the petitioners that the rule was violative of Article 19 and 21 of the Constitution relating to fundamental right to freedom of movement and protection of life and personal liberty.

''No person can claim any fundamental right to move in any manner in a vehicle regardless of the restrictions imposed by the Motor Vehicles Act. For example, a person cannot drive a motor vehicle without a licence'', the bench observed and added that it was always open to a welfare state to enact provisions for the safety of the drivers and pillion riders.

''In case of accidents, the insurance company is liable to pay compensation''. Therefore, it cannot be said the state has no role to play for the safety of the drivers and pillion riders'', the bench said.

The state could implement the order in letter and in spirit all except those excluded from the provisions, the court added.

After the rules came into effect, the government through a fresh order on June four exempted women and children in pillion and Sikhs, who wear turbans, from its purview.

UNI