Firms must provide helmet with 2-wheelers, says HC

The Delhi High Court today refused to grant stay on the Centre's notification directing two-wheeler manufacturers to provide helmets along with the sale of two-wheelers to their customers. The next date of hearing is March 29.

The Union government, through the ministry of roads, transport and highways, had on September 16 last year notified the Central Motor Vehicles (Fifth Amendment) Rules 2005. The amendment will come into effect on March 16.

According to the notification, a manufacturer at the time of sale of the two-wheeler "shall supply a protective headgear conforming to specification prescribed by the Bureau of Indian Standards (BIS) under the BIS Act, 1986 (63 of 1986)." All India Helmet Manufacturer's Association (AIHMA) had moved the court in February challenging the government notification.

AIHMA had also challenged the constitutional validity of Clause 41 of the Central Motor Vehicles (Fifth Amendment) Rules, 2005 amending Rule 138 of the Central Motor Vehicles Rules, 1989 on the ground that it violated the helmet manufacturers' fundamental right to undertake the business of manufacturing and selling protective headgears.

While seeking quashing of the impugned amendment, the association, representing over 22 helmet manufacturers across the country, alleged that it restricted their right to choose a vocation of their choice and had the effect of wiping them out.

It said the amendment would choke the supply chain of helmet manufacturers and monopolise the industry heavily in favour of two-wheeler manufacturers by vesting in them the sole and exclusive right to sell helmets without giving the choice to consumers to purchase without any restriction.