Punjab & Haryana HC Seeks Data On Challans Issued To Females Riding Two-Wheeler Without Helmet Including Sikh Women Not Wearing Turban

The Punjab and Haryana High Court has sought data from Governments of Punjab, Haryana and U.T., Chandigarh about the number of challans issued to females driving or pillion-riding two-wheeler vehicles without head-gear.

The development came while hearing a suo moto plea initiated in 2017 on increasing road fatalities involving two-wheeler women riders without helmet, especially Sikh women not wearing turban.

During the hearing, the bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal referred to amendment carried out in the Motor Vehicles Act, 1988 w.e.f. 15.02.2022 substituting the earlier Section 129.

"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," said the bench.

In 2017, a High Court's Law Researcher Anil Saini sent a note to the Court raising concerns about safety of Sikh women without turban, not wearing helmet.

"The primary grievance raised in the writ petition relates to the safety of women including Sikh women who are not wearing turban, to wear safety headgear, while driving or riding two wheelers of any class or description," the bench had then noted.

The matter is listed for December 04, for further consideration.

Mr. Anil Saini, Advocate for the applicant.

Mr. P.S. Paul, Addl. P.P., U.T., Chandigarh.

Mr. Saurav Khurana, Addl. A.G., Punjab.

Mr. Deepak Balyan, Addl. A.G., Haryana.

Mr. S.P. Jain, Assistant Solicitor General of India with Ms. Gurmeet Kaur Gill, Sr. Panel counsel for UOI.

Mr. P.S. Hundal, Sr. Advocate with Mr. Mrigank Sharma, Advocate and Mr. Gurparmeet Singh, Advocate for SGPC.

Title: Court on its own motion v. Chandigarh Administration & Ors.

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