Bombay High Court upholds helmet exemption for Sikhs as reasonable classification
The Bombay High Court has held that the exemption granted to Sikh community members from wearing helmets constitutes a “reasonable classification” under Article 14 of
The Bombay High Court has held that the exemption granted to Sikh community members from wearing helmets constitutes a “reasonable classification” under Article 14 of the Constitution and does not violate fundamental rights. A Division Bench of Justices Urmila Joshi-Phalke and Nivedita Mehta dismissed the petition filed by law student Kirtesh Vikas Chaudhari, who appeared in-person, challenging the exemption under Section 129 of the Motor Vehicles Act. The petitioner had argued that the government was engaging in “class legislation” by denying equal protection of laws and making certain people offenders.
He contended that the exemption provided special privilege to a particular class and was not justified when all people in India are governed by the rule of law and have equal protection of law. ‘Misconceived contentions’ The Bench, however, found the contentions to be “misconceived”. The judges pointed out that Article 14 prohibits class legislation but permits reasonable classification for legislative purposes. The court noted that the exemption is not based on caste, creed, or religion but on a valid and logical basis with a public purpose.
“In the interest of society, Section 129 of the Motor Vehicles Act has made compulsory use of protective headgear/helmet by rider and pillion rider of two-wheeler motorcycles,” the judges observed in the June 29 order. They noted that statistical data shows accidents involving two-wheelers and deaths caused by head injuries are rising. The court explained that permissible classification depends on two conditions: first, that the classification must be founded on an intelligible differentia distinguishing persons grouped together from those left out; and second, that the differentia must have a rational relation to the object to be achieved by the statute.
Deputy Solicitor General of India Kartik Shukul, assisted by Advocate Chirag Batra, represented the Union of India.
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