Supreme Court of India upheld the Delhi High Court’s earlier order which states that two-wheeler manufacturers must sell helmets along with their vehicles. The compulsory purchase of helmet along with new two-wheelers was made mandatory by the Delhi High last year.

However, the Society of Indian Automobile Manufacturers (SIAM) had filed a Special Leave Petition (SLP) in the Supreme Court against the High Court order, arguing that the Motor Vehicles Act already stipulates the use of a helmet while riding a two-wheeler and the order amounts to changing the rule from “a helmet for a person” to “a helmet for a vehicle.”

The Supreme Court bench comprising Mr Justice G.S. Singhvi and Mr Justice A.K. Ganguly, however, said it was inclined to dismiss the SLP, after which the petitioner’s lawyers told the court that they preferred to withdraw the plea instead.

Industry officials said that the new ruling will be a problem for customers buying their second two-wheeler. Those already owning a helmet will still be forced to buy a new one. Moreover, companies may also have to bear the cost of bundling the helmet with the two-wheeler, because the customer may not be willing to pay that much extra.

PTI adds: SIAM also raised questions over the High Court’s direction to provide only those helmets conforming to the Bureau of Indian Standards.

“The High Court made a serious error in directing that all purchasers of two-wheelers have to purchase helmet only from the dealer.

“This direction curtails the freedom of the purchaser to purchase helmet from the open market and third parties.

Source: Business Line

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