Jahanvi Agarwal
Recently, the Kerala High Court ruled that an illness is not a valid reason for requesting an exemption from wearing helmets when riding two-wheelers.
Petitioners claimed that because they were having medical treatment, they couldn’t wear heavy equipment, such as helmets. The petitioners filed a petition in the Court in light of the recent installation of Artificial Intelligence (AI) surveillance cameras on the state’s highways. The Court, however, denied the petitioners’ request and held that no one may be excused from wearing a helmet when riding a two-wheeler.
The bench of Justice PV Kunhikrishnan held:
“I am of the considered opinion that, there cannot be any exemption to a citizen from wearing helmet while driving or riding a two wheeler. If the petitioners are suffering from any illness which disable them from wearing helmets, to abandon their two wheeler ride. They cannot avoid helmet in such situation while driving or riding. Wearing of helmet while riding a two wheeler is to protect the life of the citizen.”
The petitioners had also requested the Kerala State Police Commissioner and the Transport Commissioner to allow them an exemption. However, the Court applied Section 129 of the Motor Vehicles Act of 1988 and Rule 347 of the Kerala Motor Vehicles Rules of 1989 to rule that the rider and pillion rider of a two-wheeler must wear helmets. It was observed by the court that the Petitioners cannot avoid the Al cameras and violate the law.
The Court was of the following opinion:
“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. There is no fundamental right to a citizen to use two wheelers without following the rules of the land.”
There is public transport facility and private transport facility available in the State. If the petitioners are suffering from illness, they can use the same. They cannot violate the law and ride two-wheelers without helmets and escape from the Al cameras,”.
Case Name: Mohanan V. v. State Of Kerala
Diary Number: 18952/2023
Bench: Justice PV Kunhikrishnan