The Punjab and Haryana High Court recently clarified that individuals practicing the Sikh religion are exempt from wearing helmets while riding motorcycles, but only if they are wearing turbans.
The judgement was given by a Division Bench comprising Chief Justice Sheel Nagu and Justice Anil Kshetarpal.
“A bare perusal of the aforesaid provision reveals that except for a person belonging to Sikh religion, who is wearing a turban, no other person (male or female) while driving or riding on the motorcycle in a public place, is exempted from wearing a headgear conforming to the standards, as prescribed by the Central Govt,” the Court said.
The Court directed the authorities in Punjab, Haryana, and Chandigarh to submit data on the number of challans issued to women driving or riding pillion on motorcycles without helmets.
Earlier in 2017, the High Court had taken suo motu cognizance concerning the safety of women on motorcycles, especially Sikh women who do not wear turbans.
In 2018, the Court questioned the Punjab government regarding its decision to exempt all Sikh women from wearing helmets.
Subsequently, both the Punjab government and the Chandigarh Administration amended their rules, making it mandatory for all women to wear helmets while driving or riding as pillion on two-wheelers, with an exception for Sikh women who wear turbans.
Interestingly, the Court was informed that the Union government had not approved the change.
In October 2018, the Centre issued a clarification to the Chandigarh Administration, instructing UT authorities to exempt all Sikh women from the helmet requirement. This directive followed objections from various Sikh organizations, including the Shiromani Akali Dal, opposing the withdrawal of the exemption for Sikh women.
Additional Public Prosecutor (APP) PS Paul represented the UT Chandigarh.
Additional Advocate General Saurav Khurana represented the State of Punjab. Additional Advocate General Deepak Balyan represented the State of Haryana.
Additional Solicitor General of India SP Jain with Senior Panel Counsel Gurmeet Kaur Gill represented the Union of India
Senior Advocate PS Hundal with advocates Mrigank Sharma and Gurparmeet Singh represented the Shiromani Gurdwara Parbandhak Committee.
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