The Supreme Court of India has upheld the Delhi High Court’s earlier order which mandated every two-wheeler manufacturer to compulsorily include a helmet along with every new two-wheeler they sell in the country. The Society of Indian Automobile Manufacturers (SIAM) had filed a Special Leave Petition (SLP) in the Supreme Court last year against the Delhi High Court’s order.
SIAM argued that the Motor Vehicles Act already stipulated the use of a helmet by a rider while riding a two-wheeler and that the Delhi High Court’s ruling completely changes the existing rule of a helmet for a person to a helmet for every new vehicle.
The main problem of the new ruling as per Industry Officials is that the new rule will cause problems for those customers buying their second two-wheeler and those who already own a helmet, because it will force these customers to buy another helmet in addition to the helmets which they already possess. Another problem of the new rule is that it will force two-wheeler manufacturers to bear the brunt of the additional cost of providing the helmet with new two-wheelers, since most customers may not be ready to cough up the extra dough for the helmet.
The High Court’s ruling also states that two-wheeler manufacturers should only provide Bureau of Indian Standards (BIS) certified helmets to their customers and that customers should be provided with the helmets only by the dealers.
The ruling of the Supreme Court does have some flaws in it like forcing customers to buy a new helmet even if they have one and not allowing customers to purchase helmets from shops in the open market. But, the bigger picture is that instead of implementing rules to force customers to buy helmets even when they have one already, it should be ensured that two-wheeler riders and pillions across the nation are forced to wear a helmet whenever they are aboard a two-wheeler.
Source – Hindu Business Line
Posted by Sachet Parkash on July 8, 2010. Read More on Safety Gear · 8 Comments
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It would be wise if we look at the bigger picture,
many people still die in accidents because they are not waring a helmet.
It amounts to denying a customer to buy a helmet of his/her choice and suitable for his/her HEAD SIZE, as the two wheeler manufacturer cannot supply variety of helmets,open to the choice and NEED of the customer as per the HEAD SIZE of individual person.(Infringement on Right of Choice)
Vehicle manufacturer should concentrate on producing vehicles and not supplying helmets of varies Sizes and designs as required by the user.
The above law if implemented,will force lakhs of Helmet
retail shops in country ,to close their shop.(infringement of Right to do business of their choice)
The right approach should be that the VEHICLE DEALER and NOT
the MANUFACTURER should take care to supply / sell helmet to the vehicle purchaser giving him choice of size and design as per his/her requirement.
What were these people thinking when they made this law?
What if a person already has a helmet and wants to buy a new bike?
Its not about providing helmets but educating people to use it.
@ SRK
There is no sense in your talk!
and i quote What if a person already has a helmet and wants to buy a new bike?
then he might as well keep an aditional helmet or provide it to a pillion!
the gifting of a helmet along with a bike to a person who already owns a helmet will not hamper sales!
thank you!
adoksh shastry
Why only for 2 Wheelers rider / Pillion , We can Say even in Busses / Cars / Auto / Lorries every one inside moving vehicle should wear helmet which should be perfect. Note: In Indian Culture like wearing Turban / Mundaz / Topi / Cap Helmet is also style component.
Make me Transport minister I will inisist even when you walk in the Road Helmet is mandatory.
Governmetn should not only harrass 2 wheeler riders / pillion riders. Let them harras every citizien who walks in the Road have to pay road tax and should have Helmet, From age 3 onwards.
To wearing helmet is only a to cause of an accident. like horse is wearing eye sides.because vision see only 90 degree straight like marriage horse. his vision close toward 180 degree.
I do not know why even honable supereme court is also not considering this point and forcibly imposing conditon to wear helmet.and not seeing physical /practicle problem.To launching manadatory wearning helmet is only money making issue. not security of citizens.this is all bullshit.My question is this why sikh womens are exempted?this is all voting agenda.
It should not be a compulsion at all.it should be individiual wish either to wear or not.
If it is forced by the government to wear helmet compulsory by giving plea for safety.if not wear he will be fined. what will happen and how government is responsible if accident occur due to helmet or man could not safe even after wearning helmet.
this is all harrasment to public. to force wearing helmet.it should not be complusion.Govt. should educate public to wear helmet not imposing forcibly.