Illness No Ground To Seek Exemption From Wearing Helmet While Riding Two Wheelers : Kerala High Court

Petitioners contended that as they were undergoing medical treatment, they could not place heavy objects on their heads including helmets. The Petitioners had approached the Court in light of the recent installation of AI surveillance cameras on the roads in the State. The Court however, refused to entertain the prayer of the petitioners and held that no one can be exempted from wearing a helmet while 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, they have 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 sought for directions to the Kerala State Police Chief and the Transport Commissioner to grant them exemption. However, the Court referred to Section 129 of the Motor Vehicles Act, 1988 and Rule 347 of the Kerala Motor Vehicles Rules, 1989 and observed that it is mandatory for the rider and the pillion rider of a two wheeler to wear helmets. The Petitioners cannot escape from the AI cameras and violate the law, the Court observed.

“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 AI cameras,” the Court observed.

Advocates John Joseph and Angel Gloria V S appeared for the Petitioner

Government Pleader B S Syamantak appeared for the State.

Case Title: Mohanan V.V State Of Kerala

Citation: 2023 LiveLaw (Ker) 287

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