The Hindu : Front Page : High Court wants to know why helmet rule not being enforced

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Wednesday, Aug 08, 2007
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High Court wants to know why helmet rule not being enforced

Special Correspondent

CHENNAI: The Madras High Court has sought explanation from the Government as to why the order making helmets compulsory for two-wheeler riders in Tamil Nadu is not being implemented in letter and spirit. It also directed the Government to file a status report on the matter within a week.

A Division Bench comprising Justice S.K. Mukhopadhaya and Justice K. Suguna expressed displeasure at the dilution of the order, and observed that instead the Government could withdraw the whole order.

The Judges said, “It is informed that in spite of the order passed by the State — G.O. M.S. No. 292 dated February 22, 2007 — it [the order] was not implemented in its letter and spirit…” They then adjourned the matter to August 21.

Public interest litigation petitions, filed by advocate C. Lakshmi Narain of the Accident Victims Association and K.R. Ramasamy, sought a direction to the State authorities to invoke Section 129 of the Motor Vehicles Act 1988, which makes wearing of protective headgear compulsory for two-wheeler riders.

Government duty

They contended that the Government had a duty to protect citizens from becoming victims of road accidents by implementing the provisions of the 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 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.”

A few other petitions, questioning the rationale behind the introduction of the helmet rule, are also pending before the Bench.

The rule came into effect in six Corporation areas on June 1 and in the rest of the State on July 1.

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