Sikh women who don't wear turban not exempt from helmet: Punjab and Haryana High Court

The Punjab and Haryana High Court recently clarified that the people professing Sikh religion are exempt from wearing helmets while riding motorcycles only if they are wearing turbans..The Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal made the clarification after taking note of an amendment made to Section 129 of the Motor Vehicles Act in 2022.“A bare perusal of the aforesaid provision reveals that except for a person belonging to Sikh religion, who is wearing a turban, no other person (male or female) while driving or riding on the motorcycle in a public place, is exempted from wearing a headgear conforming to the standards, as prescribed by the Central Govt,” the Court said..Therefore, the Court asked the authorities in Punjab, Haryana and Chandigarh to file data on the number of challans issued against women driving or pillion-riding motorcycles without helmet.In 2017, the High Court had taken suo motu cognizance with regard to the safety of women on motorcycles, particularly the Sikh women not wearing turban..The Court in 2018 had questioned the Punjab government on how it had exempt all Sikh women from wearing helmets.The State of Punjab as well as Chandigarh Administration later amended the rules to make it compulsory for every woman to wear Helmet while driving or riding pillion two wheelers, except a Sikh woman wearing a turban..Interestingly, the Court was told that the Union government had not agreed to the change. In a clarification issued to the Chandigarh Administration, the Centre in October 2018 asked the UT authorities to exempt all Sikh women from wearing a helmet.This was after various Sikh bodies including the Shiromani Akali Dal had objected to the decision withdrawing exemption provided to the Sikh women. .Additional Public Prosecutor (APP) PS Paul represented the UT Chandigarh. Additional Advocate General Saurav Khurana represented the State of Punjab. Additional Advocate General Deepak Balyan represented the State of Haryana.Additional Solicitor General of India SP Jain with Senior Panel Counsel Gurmeet Kaur Gill represented the Union of IndiaSenior Advocate PS Hundal with advocates Mrigank Sharma and Gurparmeet Singh represented the Shiromani Gurdwara Parbandhak Committee..[Read Order]