Supreme Court Enforces Two-Wheeler Companies To Sell Helmet

By By: Vicky.in

Published: Friday, July 9, 2010, 18:24 [IST]

The Supreme court has ordered that the two wheelers will be registered in the RTOs only if the manufacturer sells "original helmets" along with the product's sale. Strictly dismissing the appeal by a key association of Indian auto companies to a Delhi High Court, directive making such helmet sales mandatory, scoffing at the objections listed in its petition.

Still the judgment has wide-spread complications because it could prompt similar claims from NGOs working for road safety elsewhere in India. For instance, in Calcutta, the helmet rule is in force for the driver as well as the pillion rider but the violations are too common.

SIAM argued that this rule will force the consumers to buy Helmets even if they did not want them and would impose an additional financial burden, which will in turn affect the sales. But, the Judge, G.S. Singhvi and A.K. Ganguly rejected by stating the fact that if a person is able to buy a Rs.30000 scooter/motorcycle, it isn't a burden for him to buy a Rs.300 helmet. Statistics points to the simple fact that two wheeler accidents could have been avoided if the helmets have be worn by the victims.

The High Court has also ordered for the helmet to comply the ISI certification, as otherwise people may buy sub-standard cheap helmets just for the sake of rule. Even though SIAM argued the rule insists only on the rider to wear an helmet but not one helmet per vehicle, the High Court clearly gave the verdict that even if the customer comes to buy a second two-wheeler for himself, the vehicle manufacturer must provide the helmet.