AMIT BHAGAT Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Both these petitions under Article 226 of the Constitution of India, filed as Public Interest Litigations, impugn the Notification dated 28th August, 2014 of the Government of National Capital Territory of Delhi (Transport Department) amending Rule 115(2) of the Delhi Motor Vehicles Rules, 1993, by, though doing away with the exemption earlier in favour of all women from, when riding on pillion or driving a motor cycle, wearing protective headgear (helmet) and thereby making it mandatory for women as well , to wear helmet, but making it optional for Sikh women. The petitioners also seek a direction for amending Rule 115(2) so that Sikh women are not exempted from compulsorily wearing helmet when driving or riding pillion on a motor cycle.

(2.) Section 129 of the Motor Vehicles Act, 1998 (MV Act) is as under:-

(3.) Section 129 is contained in Chapter VIII titled "Control of Traffic" of the M.V. Act, Section 138, also in the said Chapter, empowers the State Government to make Rules for the purposes of carrying into effect the provisions thereof. The Government of NCT of Delhi (GNCTD) in exercise of powers under the Second proviso aforesaid, had enacted Rule 115 of the Delhi Motor Vehicles Rules, 1993 which, prior to its amendment vide Notification dated 28th August, 2014 was as under:-