The Kerala High Court has recently made a decision that being ill is not a valid reason for not wearing a helmet while riding a two-wheeler. The court’s decision, delivered by Justice PV Kunhikrishnan, emphasizes the importance of protecting citizens’ lives and upholding traffic safety regulations.
The case, titled Mohanan V.V State of Kerala, involved petitioners who sought exemption from wearing helmets due to health issues. The single bench of the Kerala High Court categorically stated that no citizen could be exempted from the mandatory requirement of wearing helmets while operating a two-wheeler. Justice PV Kunhikrishnan has emphasized that if a person is unable to wear a helmet due to illness, they should avoid riding two-wheelers altogether.
The petitioners had approached the court seeking directions from the Kerala State Police Chief and the Transport Commissioner for exemption from wearing helmets while riding two-wheelers. However, the court referred to Section 129 of the Motor Vehicles Act, 1988, and Rule 347 of the Kerala Motor Vehicles Rules, 1989, which make it obligatory for both riders and pillion riders on two-wheelers to wear helmets.
The court dismissed the notion that illness could justify exemption from this vital safety measure, asserting that wearing a helmet is crucial for protecting the lives of citizens. Moreover, the court pointed out that citizens do not possess a fundamental right to use two-wheelers without adhering to the laws of the land. The judgment further highlighted the availability of alternative means of transportation, such as public transport and private vehicles, for individuals with health concerns.
While recognizing the existence of certain medical conditions, the court clarified that if the petitioners suffer from an illness, they must still make use of helmets while riding two-wheelers. The ruling emphasizes that no citizen can disregard the law and evade detection by automated surveillance systems.
Advocate John Joseph and Advocate Angel Gloria V.S represented the petitioners, while Government Pleader B.S Syamantak appeared on behalf of the State.
This judgment sets an important precedent in Kerala, emphasizing the paramount importance of road safety and the obligation of citizens to comply with traffic regulations for their own and others’ well-being.
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