A petitioner had contended that the relaxation given to women and children was violative of the Constitution’s Articles 14, 15(1) and 21 and also defeated the purpose for use of helmet that was made mandatory for two-wheeler riders under the Motor Vehicles Act, 1988.
The Madhya Pradesh government told the high court on Monday that it will soon withdraw the exemption to women and children up to 12 years from wearing helmets on two-wheelers.
This was stated by additional advocate general of Madhya Pradesh Praveen Dubey before a division bench of MP high court in Jabalpur during a hearing on a petition filed by a law student, Himanshu Dixit, in 2019 challenging the relaxation given to women and children up to 12 years from wearing a helmet while riding two-wheelers as is required under the Motor Vehicles Act. Following the petition, the high court had issued notices to the state government in October 2019.
The petitioner had contended that the relaxation given to women and children was violative of the Constitution’s Articles 14, 15(1) and 21 and also defeated the purpose for use of helmet that was made mandatory for two- wheeler riders under the Motor Vehicles Act, 1988.
He has said only Sikh community members are exempted from wearing helmet as per a provision in Motor Vehicles Act but at the same time there is a mention in the provision that the state government if wishes so can relax the provision for any group or community. That’s why MP government has given relaxation to the women in the state and also children up to 12 years of age but road accidents do not differentiate between men and women.
The bench comprising chief justice AK Mittal and justice VK Shukla fixed the next date of hearing on March 2.
Prasanta Patnaik