Published Jun 24, 2023 | 11:46 AM ⚊ Updated Jun 24, 2023 | 11:46 AM
Plea to avoid wearing helmets dismissed (iStock)
There is no fundamental right to ride two-wheelers without following the rules, the Kerala High Court has said while dismissing a sexagenarian couple’s plea for exemption from wearing helmets while riding two-wheelers on the ground that they suffer from “heavy headache”.
The high court told the couple that if they have such an illness, they should avoid two-wheeler rides, and instead opt for public or other private transportation.
Justice PV Kunhikrishnan said that wearing a helmet while riding a two-wheeler was to protect the life of citizens which was the duty of the state.
The court further said, “Therefore, there cannot be any exemption to the petitioners (the couple) in wearing helmets, stating that they are suffering from some illness. There is no fundamental right for 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 said.
It also referred to an old tweet from Hyderabad city police which said—’DON’T WEAR HELMET BECAUSE OF POLICE. WEAR IT TO MEET YOUR FAMILY AGAIN’— and termed it as a “meaningful” and “heartbreaking” message.
The court also appreciated the AI camera system, terming it an “innovative” measure for detecting violations of the provisions of the Motor Vehicles Act and Rules.
“We have to appreciate the government and its Motor Vehicle Department for introducing the same. There is no criticism from any party against the installation of AI Cameras, even from Opposition parties in the state. They also wholeheartedly accept the new venture,” the court observed.
It said that the Opposition only had objections regarding the transparency in the decision-making by which the cameras and other equipment were purchased.
“It appears that even allegations of corruption are raised. That is a different matter which is to be dealt with separately. For that reason, an innovative venture initiated by the Motor Vehicle department may not be discouraged.” The court added.
Justice Kunhikrishnan, in his order dated 19 June, also said that since the system was introduced recently, there may be some technical defects and lapses that will have 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. Therefore, the prayers in this writ petition cannot be entertained. Accordingly, this writ petition is dismissed,” the court said.
The couple, in their sixties, had sought exemption from wearing helmets on medical grounds stating that they both suffer from “heavy headaches”, were undergoing treatment for the same and cannot bear any weight on their heads, like wearing helmets.
They claimed that they have to come to Muvattupuzha Town, from Marady village in Ernakulam district where they live, for their every need, and there was no frequent public transport service on that route.
Therefore, their only transportation option was auto rickshaws or their respective two-wheelers.
They had moved the court seeking exemption in the wake of the implementation of the new AI camera system to avoid being fined for not wearing helmets.
Before the system was installed they had sent representations to the state police chief and the transport commissioner to exempt them from wearing helmets, but the same was not considered, they had told the court.
(Disclaimer: The headline, subheads, and intro of this report along with the photos may have been reworked by South First. The rest of the content is from a syndicated feed, and has been edited for style.)
