New Delhi: The Delhi High Court on Wednesday refused to strike down a legal provision that exempts women from wearing helmets while riding two-wheelers, saying the government is the "best authority" to decide such issues.
"How can we direct the government to frame rules for women to wear helmets? The government is the best authority to decide who is to wear helmet and who not. We are not inclined to interfere in the government`s policy and we dismiss the petition," the bench headed by Justice N V Ramana said.
Zubeda Begum, appearing for the Delhi government, said, "Because of the sentiments of certain communities, we decided not to amend the Delhi Motor Vehicle Rules."
The PIL was filed by documentary filmmaker Ulhas P R in pursuance of an earlier direction of a single judge bench in a similar case that he should file a separate plea challenging a provision of the Delhi Motor Vehicle (DMV) rule that exempts women from wearing helmets.
The bench, also comprising Justice Rajiv Sahai Endlaw, did not seem to be convinced with the submissions. Ulhas had earlier filed a plea in which Delhi government was asked to consider amending the law for ensuring safety of women.
As no favourable decision was taken by the then Delhi government, a contempt plea was filed. The single judge bench considered the plea of Delhi government that it cannot change the rules as the move was "being objected to by Sikh women".
The court had then disposed of the contempt plea and advised Ulhas to file a fresh plea challenging the rules. Justice Sudershan Misra had declined to initiate any contempt proceedings against the officers of the Transport Department and accepted the state government`s affidavit which said, "Law exempting women two-wheeler riders from wearing helmets in the city would remain in force as any change is being objected to by Sikh women."
