Board of Dehli High Court.
Public Interest Litigations seeking revocation of the city government's notification to exempt sikh women from wearing helmet while driving or pillion riding two-wheelers were today rejected by the Delhi High Court which observed that it is not feasible to make headguard mandatory for them.
A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw also said that the Delhi government's decision "excluding Sikh women is a well-thought-out and considered decision and taken after following the procedure prescribed in the MV Act".
"The respondent Government of National Capital Territory of Delhi (GNCTD) is found to have, in exercise of its rule- making power and the power under second proviso to section 129, after weighing rival contentions, reached at a conclusion that presently it is not feasible to make it mandatory for Sikh women also to wear helmet/protective headgear.
"The said decision is found to be in the legislative domain of the GNCTD and to have been made in accordance with law and neither the courts nor the petitioners can substitute their own opinion for the same," the judges said.
The court's order came on two different public interest litigations (PILs) challenging the recent amendment to Rule 115(2) of the Delhi Motor Vehicle Rules that has exempted Sikh women from wearing helmet in Delhi.
The court had earlier asked the transport department to apprise it as to why it has made such an amendment in Delhi Motor Vehicle Rules that exempts Sikh women from wearing a helmet.
One of the PILs had said that the government's transport department notification, issued on August 28, was "illegal" and "unconstitutional".
However, the court held that it "does not find" any merit in the petitions and dismissed these while saying its hopes that all the agencies concerned will make efforts to build public opinion or devise other modes and ways to ensure protection from head injuries also to Sikh women driving or pillion riding two-wheelers.