Chennai: Pointing out that the state government is not serious on implementing its own order making wearing of helmets by two-wheeler riders and pillion riders compulsory, Madras high court has directed the state government to sensitise people of the benefits and law regarding wearing of helmet by riders and pillion riders, and the consequence of breach of the mandate.
A division bench comprising Justices S. Manikumar and Subramoniam Prasad gave the directive while passing interim orders on a public interest litigation from K.K. Rajendran, which sought a direction to the authorities to implement the provisions of the Motor Vehicle Act, which made it compulsory wearing of helmets by riders and pillion riders of two wheelers.
Referring to the report filed by assistant inspector general of police relating to implementation of G.O. dated February 22, 2007, the bench said a perusal of the same does not reveal anything. It seems that other than public notice and press release informing the public that wearing of helmet by two wheeler riders and pillion riders was compulsory from July 1, 2015, nothing has been done to sensitise the people of the necessity of wearing helmet. The government was not serious to implement its own order, the bench said.
The bench said the affidavit of DGP was vague. With regard to awareness programmes between 2007 and 2018, other than press release which was brought out in this year, nothing has been mentioned. This court can take judicial note of the increased number of deaths caused in the accidents involving the riders of two-wheelers and pillion riders, especially, deaths occurred due to the head injuries, which could be prevented by taking a simple precaution of wearing helmet. The GO dated February 22, 2007, which was brought to achieve the noble cause unfortunately remain only in files, the bench added.
The bench said people have to be made aware of the law which makes it mandatory for riders and pillion riders to wear helmets. People have to be made aware of the fact that wearing helmet was a safety measure as per the Motor Vehicle Rules.
It was to be noted that between 2005 and 2014, 41,300 persons died due to head injuries and 62,413 people suffered head injuries.
“The authorities are directed to file details about the further progress which will be made by the state government to sensitise the people of the benefits and the law regarding wearing of helmet by the riders and pillion riders also and the consequence of breach of mandate,” the bench added.
The bench said the authorities were bound to enforce the law and the order already issued by the court and not to give an impression as if it was the court which insists on wearing helmet and that no duty was cast upon the authorities to implement the law.
The bench directed the government to file an affidavit with regard to the progress to be made in the matter and a road map as to the implementation of 2007 GO by October 23.
