IMPORTANT POINT
Writ Petition Nos. 25181/2010 and 27865/2015, G.O(P) No.46/2003/Tran. dated 13.10.2003 inserting rule 347A in the Kerala Motor Vehicles Rules, 1989 granting exemption to pillion riders in wearing headgear (helmet) is inoperative and consequently invalid.

JUDGMENT :

S. MANIKUMAR, J.

WP(C) No.27865/2015 is filed with the following reliefs:

(i) Issue a writ of certiorari, call for records leading to Exhibit P1 G.O and quash the same and insertion of Rule 347A may be striked off;

(ii) direct the 3rd respondent to direct the concerned Officers under him to instruct all the pillion riders also in two wheeler to wear headgear (helmets) immediately, while they are riding and driving two wheelers on public roads;

(iii) direct the 2nd respondent to ensure that the pillion riders are wearing headgear (helmets) while riding on motorcycle on public places and public roads:

(iv) direct the 3rd respondent to file a detailed statement with regard to death of pillion riders of two wheelers in Kerala during the last 5 years;

(v) direct the first respondent to produce the letter received from the Supreme Court Committee on road safety suggesting to issue orders to wear helmets by pillion rider also;

(vi) grant such other reliefs as are deem just and necessary in the facts and circumstances of the case.

2. WP(C) No.25181/2010 is filed with the following reliefs:

1. To delcare that the amendment to the Kerala Motor Vehicles Rules,1989 granting exemption to the pillion riders from wearing of protective headgears under Rule 347A of the Kerala Motor Vehicles Rules, 1989 is illegal and unconstitutional.

2. To issue Writ of Mandamus to other appropriate Writ, Direction or Order directing the respondents to exercise their powers conferred on them under the second proviso to Sec.129 of the Kerala Motor Vehicles Rules, 1989 in a judicial manner.

3. To grant said such relief as this Honourable court may deemed fit and proper in the interest of justice.

3. Government have issued G.O (P) No.46/2003/Tran. Dated 13th October, 2003, by amending the Kerala Motor Vehicles Rules, 1989. After rule 347, following rule was inserted:

“347 A Exemption from wearing of protective headgear. – Any person riding on a motor cycle other than the driver thereof, need not wear a protective headgear”.

Said Government Order has been stayed by a learned Single Judge of this Court, which resulted in filing of W.A No.2261/2015. Inasmuch as the issue involved in Writ Appeal and other Writ Petitions relate to wearing of protective headgear, on 14th November, 2019, we passed the following order:

“WP(C) No.25181/2010 has been filed challenging Rule 347A of the Kerala Motor Vehicles Rules, 1989 granting exemption to the pillion riders from wearing the headgear.

2. Rule 347A of the Kerala Motor Vehicles Rules, 1989 reads thus:

“347A. Exemption from wearing of protective headgear. Any person riding on a motor cycle other than the driver thereof, need not wear a protective headgear.”

Said rule is stated to have been framed in exercise of the powers conferred under the second proviso to Section 129 of the Motor Vehicles Act, 1988.

3. For brevity, Section 129 of the Act is extracted under:-

“129. 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 provision 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 exceptions as it may think fit.

Explanation.—”Protective headgear” means a helmet which,—

(a) by virtue of its shape, material and construction, could reasonably be expected 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 fastenings provided on the headgear.”

4. On the aspect stay of the impugned Rule 347A, after hearing the learned counsel for the parties, writ court in WP(C) No.27865/15 passed the following