Use Of AI Cameras For Detecting Road Violations Cannot Be Discouraged Due To Corruption Allegations: Kerala High Court

The Kerala High Court recently held that the ‘innovative venture’ of using AI (Artificial Intelligence) cameras for detecting road violations cannot be discouraged merely because of allegations of corruption in implementation of the project.

A single bench of Justice P V Kunhikrishnan observed there may be objections regarding transparency of the project and even corruption allegations. However, those are to be dealt with separately.

“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. 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. “

The remarks were made while hearing a plea wherein Petitioners sought exemption from wearing helmet while riding a two-wheeler, on medical grounds.

Recently, the Leader of the Opposition of the Kerala Legislative Assembly and MLA V.D Satheeshan and MLA Ramesh Chennithala have approached the Court seeking a Court monitored enquiry into the project for Automated Traffic Enforcement System for Safe Kerala alleging corruption and violation of privacy.

In the said PIL the Court had directed the State Government not to make any financial payments to the contractors connected with the installation of (AI) cameras for road traffic regulation, until further orders.

In the present plea the Court observed that even though there may be lapses in its implementation, such a venture must be not discouraged:

“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. For that reason, 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.”

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:

“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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