If one cannot use a helmet on account of any illness, he/she will have to give up two-wheeler riding and “better use public transport” for travel, the Kerala High Court has said.
Justice P.V. Kunhikrishnan, while recently dismissing a petition filed by Mohanan V.V. from Muvattupuzha and his wife seeking exemption from wearing helmet, observed that if the petitioners are suffering from any illness which disable them from wearing helmets, “they have to abandon their two-wheeler ride.”
The first petitioner, Mr. Mohanan, said he was undergoing treatment for his eyes and thus unable to bear any weight on his head. His wife was also under treatment for headache. They, therefore, sought a directive to the Motor Vehicles department to exempt them from wearing helmets, as otherwise they would be fined based on AI camera footage.
The court observed that wearing a helmet while riding a two-wheeler was to protect the life of the riders. “The protection of the life of the citizen is the duty of the State. Therefore, there cannot be any exemption to the petitioners in wearing helmets stating that they are suffering from some illness. There is no fundamental right to a citizen to use two-wheelers without following the rules of the land. There is public transport facility and private transport facility available in the State. If the petitioners are suffering from illness, they can use the same. They cannot violate the law and ride two-wheelers without helmets and escape from AI cameras,” the court observed.
The court added that “we have to appreciate the government and its Motor Vehicles department” for introducing the AI cameras. There was no criticism from any part against the installation of AI cameras, even from the Opposition parties in the State. They also wholeheartedly accepted the new venture. There might be objections regarding the transparency in the decision-making by which the cameras and other equipment are purchased. It appears that even allegations of corruption are raised. That is a different matter which is to be dealt separately. For that reason, an innovative venture initiated by the Motor Vehicles department may not be discouraged. Since it was introduced recently, there may be some technical defects and lapses. Of course, that are to be rectified. But in this new era of technology, installation of AI surveillance cameras is an innovative step to detect violations of road rules. The petitioners can’t evade the AI cameras by getting an exemption. Therefore, the petition cannot be entertained,” the court observed.
