The exemption given to Sikhs from wearing helmets is not based on religion or caste but is a 'reasonable' classification under Article 14 of the Constitution of India and therefore does not violate any fundamental rights, held the Bombay High Court recently.

Sitting at the Nagpur bench, the division bench of Justice Urmila Joshi-Phalke and Justice Nivedita Mehta dismissed a petition filed by a law student, who challenged the exemption granted to Sikh community members from wearing helmets, which is otherwise mandatory for every citizen under section 129 of the Motor Vehicles Act (MVA).

Under Section 129 of the Motor Vehicles Act, every person riding a two-wheeler has to wear a helmet. However, a proviso to the section says this requirement shall not apply to a Sikh person wearing a turban.

The petition argued that equality before the law means no person or class should have a special privilege. Opposing the plea, the Union government said the exemption amounted to a reasonable classification.

The high court accepted that view and said Article 14 of the Constitution, which guarantees the 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 court said. It added, “Exemption given to the Sikhs is not on the basis of caste or creed or religion.”

The court also said the law making helmets compulsory was framed to protect lives, but the exemption could not be said to violate any fundamental rights. With this finding, the high court dismissed the petition challenging the proviso under Section 129.