A division bench of Chief Justice G Rohini and Justice R S Endlaw asked the transport department to inform HC why it allowed such an amendment in the Delhi Motor Vehicle Rules that exempts Sikh women from wearing a helmet.
"We would like to know why it (helmet) is not for Sikh women. Why the government made such an amendment? What is the reason behind it? the bench said, asking the government to produce the judgment passed by HC on a PIL that challenged the exemption. HC's intervention had led the government to issue a notification making helmets mandatory for women.
The court query came after advocate Zubeda Begum, appearing for the transport department, told the bench that in January the court had faced a similar PIL but left it to the government to decide.
After the court's direction, the transport department amended the rules and exempted Sikh women from wearing helmets on religious grounds. HC has now posted the case for further hearing for November 12.
It is hearing a PIL by advocate Bhupender Pratap Singh that claims under the MV Act only Sikh men wearing turbans are exempted from wearing helmets while riding motorcycles and scooters.
However, the amended Delhi Motor Vehicle Rules have exempted the Sikh women from wearing helmets. Singh contended that this provision violates the MV Act.
"The MV Act mandates the helmet law for all except Sikh men wearing a turban...The amended rule by virtue of the exemption given to Sikh women from wearing helmets continues to be ultra-vires to the parent Act," the plea said.
"It (amended rule) is thus illegal and liable to be declared void to the extent of exemption given to the Sikh women from the requirement of wearing a helmet when driving or riding pillion on a motorcycle," it added.
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