PARMANAND KATARA Vs. UNION OF INDIA

JUDGEMENT

(1.) A human rights activist and a practising lawyer of this Court has preferred this petition in the larger public interest.

(2.) This petition is directed against the respondents for not implementing Sections 128 and 129 of the Motor Vehicles Act, 1988, hereinafter referred to as the Act. According to the Act, it is compulsory for the driver and pillion rider of two-wheeler motorcycle to Wear protective headgear (helment). The only exception is a Sikh, who otherwise wears turban. According to the provisions of the Motor Vehicles Act, every person driving or riding (otherwise than in a side car) on a motor cycle of any class or description shall while in a public place, wear (protective headgear conforming to the standards of Bureau of Indian Standards). Sections 128 and 129 of the Act read as under.

(3.) According to the petitioner, in case of road accidents, the death of drivers of two wheeled motorcycle and of pillion rider happen in majority of the cases because they do not wear helmet in spite of mandatory provisions of Sections 128 and 129 of the Act. The expression two wheeled motorcycle includes two wheeled scooters also. The petitioner submits that the respondents/Union of India and the Commissioner of Police have failed to carry out their statutory duties of enforcing the aforementioned provisions.