Now a Helmet with every Bike, Not free but Mandatory: Supreme Court of India

Biker Motorcycle Helmet Photo

Two-wheeler makers, at least in Delhi, will now have to sell helmets along with vehicles. The bikes and scooters will not be registered without the “original helmets” from the vehicle manufacturer. The Supreme Court today dismissed an appeal by a key association of Indian auto companies to a Delhi High Court directive making such helmet sales mandatory, scoffing at the objections listed in its petition.

The judgement has wide-reaching ramifications as it could prompt similar demands by NGO’s working for road safety elsewhere in the country. The helmet rule is in force for the driver as well as the pillion rider, but violations are not rare. The association, the Society of Indian Automobile Manufacturers (SIAM), had claimed that the ruling would force consumers to buy helmets even if they did not want them, and would impose an additional financial burden that could choke sales.

SIAM had claimed that the order — passed on a PIL aimed at reducing road casualties — would restrict choice by forcing customers to buy helmets from the two-wheeler dealers instead of the open market. But the top court rejected the argument. “If a person can buy a scooter for Rs 30,000, he can’t buy a helmet for Rs 300?” Justices G.S. Singhvi and A.K. Ganguly wondered. Most of the deaths in two-wheeler accidents are attributed to head injuries which can be prevented by using helmets. The high court order, passed last July, had also specified that the helmets had to have ISI certification. The aim was to ensure that riders did not buy sub-standard, cheap stuff merely to comply with the rule.

SIAM had also questioned the order saying it was based on a wrong interpretation of the law which, it contended, required one helmet per person and not per vehicle. The high court order also made it clear that the helmet would have to be sold even if an individual bought a second two-wheeler. SIAM argued this was unnecessary. But the apex court felt otherwise and rejected the contention.

Picture Courtesy: Maniya

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July 8, 2010 | By bhaktadas · Tags: 2 Wheeler Helmets in India, Bike Helmet Manufacturers in India, Popular Motorcycle Helmet Brands

Comments

One Response to “Now a Helmet with every Bike, Not free but Mandatory: Supreme Court of India”

ColdGold on July 9th, 2010 10:07 am

Decisions are driven by how much money one can make (both the judge and the interested parties) and not common sense. What a Ba***rd.

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