The Hindu : Tamil Nadu / Chennai News : Wearing of helmets made compulsory

Online edition of India's National Newspaper
Tuesday, Feb 13, 2007
ePaper


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Tamil Nadu

Tamil Nadu - Chennai

Wearing of helmets made compulsory

Special Correspondent

Government seeks time to frame rules

CHENNAI: The Tamil Nadu Government has made wearing of helmets compulsory for two-wheeler drivers and pillion riders in the State. Placing a Government Order, dated February 9, to this effect before the Madras High Court on Monday, the Government sought time to frame rules and notify them.

The Division Bench, comprising Justice S.J. Mukhopadhaya and Justice R. Sudhakar, which is hearing two public interest litigation petitions -- filed by advocate C. Lakshmi Narain of the Accident Victims Association and K.R. Ramasamy -- has posted the matter to February 19 for appropriate orders.

"In compliance with Section 129 of the Motor Vehicles Act 1988, the Government have decided to implement wearing of helmet compulsory for two-wheeler driver and pillion rider. The helmet should conform to the standards of Bureau of Indian Standards.

The decision has been taken in the interest of safety of two-wheeler drivers and pillion riders.

A detailed set of guidelines in this regard will be issued by the Government shortly," read the order issued by Home Secretary S. Malathi.

In his petition, Mr. Lakshmi Narain, who is secretary of the association, had prayed for the implementation of Section 129, and a direction to the authorities to enforce the provisions meticulously and efficiently.

Referring to common excuses like hairstyle, headache and other inconveniences, the petitioner said compared to the trauma and brain injury an accident could cause, these inconveniences were minor. Quoting K. Ganapathy, a renowned neuro-surgeon, the petitioner said that 50 to 80 per cent of two-wheeler riders injured in road accidents were without helmets.

He said the Government had a duty to protect citizens from becoming victims of road accidents by implementing the provisions of Motor Vehicles Act strictly, and added, "the statutory provisions made validly in the Act cannot be refused to be implemented by officials... The Executive cannot say that an Act of the Parliament will not be implemented. Once it has come into force, the authorities cannot ignore the provisions on the ground of inconvenience or objections of difficulties in implementation."

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