Protecting Our Youngest Riders: High Court Mandates Safety Gear for Child Pillion Passengers

In a significant push for road safety, the High Court of Karnataka has intervened to ensure the long-delayed implementation of safety norms for child pillion riders. The Division Bench, led by Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, issued a directive to the State government to enforce Rule 138(7) of the Central Motor Vehicles (Second Amendment) Rules, 2022 , within a period of six months.

Road Safety in Limbo

The petition, brought forward by Dr. Archana Bhat K, sought to compel the State of Karnataka and the police authorities to enforce critical safety measures for children aged nine months to four years riding as pillion passengers. Under the 2022 rules, these measures specifically mandate the use of a child-sized safety harness and specialized crash helmets, alongside a capped speed limit of 40 kmph for vehicles carrying such passengers.

Despite the rules being formally introduced to protect the most vulnerable travelers, the courtroom proceedings revealed a worrying gap between central policy and market reality.

The Gap Between Intent and Execution

During the hearings, the State government admitted that while they had launched awareness programs, the actual implementation was stalled. A primary hurdle, identified during consultative meetings between the transport department and various stakeholders—including helmet and motorcycle manufacturers—was the lack of commercially available safety harnesses and child-specific helmets.

Representatives from the automotive industry informed the authorities that the necessary safety equipment was still in the research and development phase. They cited the need for testing and Bureau of Indian Standards (BIS) certification, initially requesting a window of six to seven months.

Judicial Scrutiny

The High Court expressed impatience with the slow pace of progress. The Bench noted that the mandatory one-year window for implementation had already lapsed, and an additional ten months had passed since the manufacturers provided their initial timelines.

"We note that the time of one year granted has since expired," the Court remarked. "About ten months have expired since the meeting held on 28.01.2025. Therefore, the five to six months estimated by the manufacturers... is also over."

Key Observations

Highlighting the gravity of the matter, the Court stated the following in its final order:

• "It is apparent from the above that although the State Authorities have taken some steps towards implementation... in effect, the said rule has not been implemented as yet."
• "It is also apparent that there is no cavil that the said rule is required to be implemented."
• "We accordingly, dispose of the present petition by directing the State to take immediate steps to ensure that the said rule is implemented... as expeditiously as possible and preferably within a period of six months."

The Path Forward

With this directive, the High Court of Karnataka has put the onus squarely on the State and relevant industry players to bridge the regulatory gap. By setting a definitive six-month deadline, the Court has shifted the focus from bureaucratic delays to the immediate necessity of protecting children on the road.

For parents and commuters, this means that the availability of BIS-certified harnesses and helmets is likely to become an immediate priority for the manufacturers, effectively moving child safety on two-wheelers from a legal mandate on paper into a functional reality on the streets.