The main legal principle established in the judgment is the importance of strict implementation of the compulsory helmet rule under the Motor Vehicles Act, 1988, for the safety and welfare of two-wheeler drivers and pillion-riders.

DALVEER BHANDARI, C. J.

( 1 ) THE present petition has been filed in the larger public interest by a firm of legal-minded retired persons, who have been involved in giving free legal aid and advice to the most tortured and effected persons in the society, so that fatal and very serious road accidents can be avoided to a large extent.

( 2 ) IN the petition, the petitioner has given details of number of the serious/fatal road accidents, which had taken place during the years 1999-2002. The particulars of the said information are as under :-

( 3 ) ACCORDING to the petitioner; the majority of the fatal accidents can be avoided in case the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") and Rules framed thereunder are strictly followed.

( 4 ) PURSUANT to the show cause notice issued by this Court, reply-affidavit has been filed by the Deputy Secretary to Government, Home Department, mantralaya. It is stated in the said reply that the Act has been passed by the central Government with effect from 1 st July, 1989. It has been implemented by the State of Maharashtra and as per the provisions of Section 129 of the act, every person driving or riding (otherwise than in a side car; on a motor cycle of any class or description) shall while in a public place, wear protective headgear conforming to the standards of the Bureau of Indian Standards. Section 129 of the said Act reads as under :-"wearing of protective headgear: - every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall while in a public place, wear protective headgear conforming to the standards of Bureau of Indian Standards : provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban : provided further that the State Government may, by such rules, provide for such exception as it may think fit. Explanation.- "protective headgear" means a helmet which- (a) by virtue of its shape, material and construction, could reasonably be excepted to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and (b) is securely fastened to the head of the wearer by means of straps or other fastening provided on the headgear. "

( 5 ) ACCORDING to the petitioner, in case of road accidents, the death of drivers of two wheeled motor cycle and of pillion-rider happens in majority of the cases because they do not wear helmet in spite of mandatory provisions of sections 128 and 129 of the Act. In case the provisions of section 129 of the Act are strictly implemented, the majority of the fatal accidents can be avoided. The Object and Reasons for incorporating section 129 of the Act were of safety and welfare of the drivers and pillion-riders of two wheelers vehicles.

( 6 ) WE are in complete agreement with the petitioner that section 129 of the Act has been enacted primarily with a larger public interest and the respondents are duty bound to implement these provisions strictly. Strict implementation of the provisions has met some resistance in various States in the initial few days. Thereafter drivers and pillion-riders of two wheeled vehicles are using helmets in various other parts of the country and statistics have demonstrated that in road accidents, though injuries may be sustained on other parts of the body, but life is saved when driver and pillion-riders of the two wheeled vehicle wear helmets.

( 7 ) A similar matter came up for consideration before the Karnataka High court in the matter of (S. R. Bhatt v. State of Karnataka ), A. I. R. 1998 Kant. 153. In paragraph 16 of the judgment, it is mentioned that 20% of all road accidents involving two wheelers result in head injuries and that the mortality among two wheeler riders not wearing helmets was 250% higher than these who are protected by helmets. The statistics compl