NEW DELHI: The Punjab and Haryana High Court has issued a clarification stating that only Sikhs wearing turbans are exempt from wearing helmets whilst riding motorcycles.
The clarification was made by the Division Bench comprising Chief Justice Sheel Nagu and Justice Anil Kshetarpal, following an amendment to Section 129 of the Motor Vehicles Act in 2022, Bar and Bench reported.
“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 stated.
The Bench requested authorities in Punjab, Haryana and Chandigarh to submit data regarding the number of challans issued to women driving or riding pillion on motorcycles without helmets.
The High Court had initiated suo motu proceedings in 2017 concerning women’s safety on motorcycles, particularly focusing on Sikh women not wearing turbans. In 2018, the Court questioned Punjab’s decision to exempt all Sikh women from wearing helmets.
Subsequently, Punjab and Chandigarh modified their rules, making helmet usage mandatory for all women on two-wheelers, except Sikh women wearing turbans. However, the Union government disagreed with this change.
The Centre instructed Chandigarh Administration in October 2018 to exempt all Sikh women from helmet requirements, following objections from various Sikh organisations, including the Shiromani Akali Dal.
APP PS Paul represented UT Chandigarh, whilst Additional Advocate Generals Saurav Khurana and Deepak Balyan appeared for Punjab and Haryana respectively, as per Bar and Bench.
Additional Solicitor General SP Jain with Senior Panel Counsel Gurmeet Kaur Gill represented the Union of India, whilst Senior Advocate PS Hundal with advocates Mrigank Sharma and Gurparmeet Singh appeared for the Shiromani Gurdwara Parbandhak Committee.