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Synopsis

The Kerala High Court has said that there cannot be any exemption to any citizen from wearing helmet while driving riding a two wheeler. 

A single judge bench of Justice PV Kunhikrishnan dismissed a plea made by a couple for exemption from wearing helmets due to heavy headache and other illness. They wanted to avoid being caught on AI surveillance cameras installed on Kerala roads and imposed with a fine for violating rules.

"In the light of the provisions in the Motor Vehicles Act and Kerala Motor Vehicles Rules, it is mandatory to wear head gear (helmet) for the rider and the pillion rider of a two wheeler. There cannot be any exemption to any citizen from wearing headgear (helmet) while riding a two wheeler," the bench said.

A writ petition jointly filed by couple Mohanan V V, 65, and his wife Santha Mohanan, 63, asked the court to pass orders exempting then from wearing helmets while travelling on two wheelers within Muvattuouzha to avoid fine being imposed due to the AI Camera footage for not wearing the helmet.

They said they are not able to cover their heads and put any weight with helmet like articles due to their illness. 

The judge, however, said, "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."

The bench cited a meaningful message from Hyderabad City Police on Twitter long back, which reads like “Don't wear helmet because of police. Wear it to meet your family again". 

"What a heart-breaking message!," the bench said.

The bench further said wearing of helmet while riding a two wheeler is to protect the life of the citizen. 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," the court said.

It cited the Madhya Pradesh High Court's judgement in Rajneesh Kapoor v. Union of India and another (2007) which considered the contention regarding the infringement of the fundamental rights of the citizens in such situation. 

The bench emphasised that the couple cannot violate the law and ride two wheelers without helmets and escape from the AI cameras. 

"An innovative system is introduced in the State to detect the violation of the provisions of the Motor Vehicles Act and Rules by installing AI surveillance Cameras on the roads. We have to appreciate the government and its Motor Vehicle department for introducing the same," the bench said.

The court also noted that there is no criticism from any part against the installation of AI Cameras, even from opposition parties in the state. They also wholeheartedly accept the new venture. 

"There may be objections regarding the transparency in the decision making by which the cameras and other equipment are purchased. It appears that, even allegations of corruption are raised. That is a different matter which is to be dealt separately," the bench pointed out.

The bench said an innovative venture initiated by the Motor Vehicle department may not be discouraged. 

"Since it is introduced recently, there may be some technical defects and lapses. Of course, that is to be rectified. But in this new era of technology, installation of AI surveillance cameras is an innovative step to detect the violation of the road rule. The petitioners can’t evade the AI Cameras by getting an exemption," the bench said.

Case Title: MOHANAN VV vs. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA TRANSPORT DEPARTMENT