New Delhi: The Delhi High Court was on Wednesday informed by the city government that Sikh women have been exempted from wearing helmets while driving two-wheelers or riding pillion. The Delhi Transport Department told the bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw that it has made wearing of helmet optional after receiving around 20 objections from various sections of the society.
"It (Delhi government) has received around 20 objections including both for and against. However, after meeting with all the stake holders and people of different religions over the issue, we (government) decided to make the helmet optional for Sikh women.
"The Sikh women who have objection will not wear. Who do not have any problem will wear it," said Delhi government's standing counsel Zubeda Begum, appearing for the transport department. She further stated that it is also a policy decision.
"Exemption has been given as per the Delhi Motor Vehicle Rules that has exempted Sikh women from wearing helmets in Delhi," she said. Her contention was opposed by the petitioner who has challenged the recent amendment to Rule 115(2) of the Delhi Motor Vehicle Rules that has exempted Sikh women from wearing helmets in Delhi.
However, the court reserved the judgement saying it will pass an order on a PIL challenging the exemption granted to Sikh women. The court had earlier asked the transport department to apprise it why it has made such an amendment in Delhi Motor Vehicle Rules that exempts Sikh women from wearing a helmet.
The PIL, filed through lawyer Bhupender Pratap Singh, has said that the transport department notification, issued on August 28, was "illegal" and "unconstitutional".
The plea said that the impugned notification seeks to amend rule 115(2) of the Delhi Motor Vehicle Rules, 1993 which hitherto exempted all women from wearing helmets when driving or riding pillion on a motorcycle, to allow the exemption from wearing a helmet only to Sikh women.
"The rule as it stood before the amendment and as it stands after the amendment is violative of section 129 of the Motor Vehicles Act of 1988, the parent Act from which the state government derives its rule making power," it has said.
According to the petition, "The said section mandates the helmet law for all except Sikh men wearing a turban. The amended rule would have addressed the illegality in rule 115(2) had it not excepted the Sikh women from its operation..." Studies done all over the world suggest that helmets prevent injuries and help preserving life in the event of an accident, the PIL said.
The court had on January 22 refused to entertain a PIL seeking framing of rules to make wearing helmets mandatory for all two-wheeler riders in the city. The PIL was filed by Ulhas P R, a documentary filmmaker, in pursuance of an earlier direction of a single judge bench in a similar case that he should file a separate plea challenging the provision of the Delhi Motor Vehicle Rules that exempts women from wearing helmets.
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