Nagpur: Nagpur Bench of Bombay High Court recently upheld legal exemption granted to Sikh men wearing turbans from mandatory helmet use while riding 2-wheelers, ruling the concession is based on ‘reasonable classification’ and does not violate constitutional guarantee of equality.A division bench comprising Justices Urmila Joshi-Phalke and Nivedita Mehta dismissed a petition filed by 23-year-old student Kirtesh Chaudhari, challenging the proviso under Section 129 of the Motor Vehicles Act.The petitioner argued exempting Sikh men wearing turbans from compulsory helmet use amounted to discriminatory treatment and violated Article 14 of the Constitution, which guarantees equality before law.Rejecting the contention, the High Court observed that Article 14 prohibits class legislation but permits reasonable classification where there is a logical basis and a legitimate public objective.“Article 14 permits reasonable classification, meaning thereby the govt can make distinct class for different groups if there is a valid and logical basis and a public purpose,” the bench observed.The judges further clarified that the exemption could not be treated as religion-based discrimination.“Exemption given to the Sikhs is not on basis of caste or creed or religion,” they said while dismissing the plea as misconceived.Section 129 of the Motor Vehicles Act mandates protective headgear for all persons riding or driving two-wheelers. However, the proviso to the section exempts Sikh persons wearing turbans from the requirement.Opposing, the Union Govt argued the exemption constituted a reasonable classification recognised under constitutional principles. The court accepted the submission and observed the limited exemption granted under statute does not infringe any fundamental rights. The bench concluded the challenged provision withstands constitutional scrutiny.
