Nagpur: A petition challenging the exemption given to Sikh men wearing turbans from wearing helmets while riding two-wheelers has been dismissed by the Bombay High Court.
A division bench of Justices Urmila Joshi-Phalke and Nivedita Mehta of the Nagpur bench said that the concession is based on “reasonable classification”, and not religion.
The high court said the plea was misconceived, and that Article 14 of the Constitution (right to equality) prohibits class legislation and not reasonable classification.
“Article 14 permits reasonable classification, meaning thereby the government can make distinct class for different groups if there is a valid and logical basis and a public purpose,” the bench said.
“Exemption given to the Sikhs is not on the basis of caste or creed or religion.”
The court passed the order while rejecting the plea of 23-year-old student Kirtesh Chaudhari’s, who had challenged a proviso to Section 129 of the Motor Vehicles Act.
Though section 129 of the Motor Vehicles Act mandates every person riding a two-wheeler to wear a helmet, one proviso says it shall not apply to a Sikh person wearing a turban.
According to the petitioner, equality before the law means no person or class should have a special privilege.
