According to statistics, accident fatalities had increased four times in the last five years
Madras High Court
Chennai: The Madras high court has refused to stay its order or grant exemption to the compulsory helmet rule. Justice N. Kirubakaran said the court did not “discover the law.” Parliament had enacted the law to make helmets mandatory with the “avowed object” of saving lives.
This had been buttressed by several verdicts. According to statistics, accident fatalities had increased four times in the last five years. “Can we close our eyes?” asked Justice N. Kirubakaran adding that in the guise of providing exemptions, the court could not interfere with statutory provisions. On Friday, when the matter came up, social activist J.S.N. Nimmu Vasanth, said the court order did not consider people with ailments like sinusitis, spondylitis, paralysis and neck bone damage. Such people could faint and die if they wore helmets.
Dismissing her affidavit, Justice N. Kirubakaran said the “laudable objective” of the provisions of the Motor Vehicle Act was to people wear helmets to protect their lives.
R.C. Paul Kanagaraj, president, Madras HC Advocates' Association, said impounding of documents and licence was allowed only if there was a doubt about the veracity of documents, or there was an apprehension that the person would abscond. So, the authorities could not impound documents.
According to the Motor Vehicle Act, it was the duty of vehicle manufacturers to provide helmet to vehicle purchasers. This was not being followed.
( Source : deccan chronicle )
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