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Thursday, January 28, 1999

Helmets: Religion vs safety debate continues

UNITED NEWS OF INDIA  
NEW DELHI, January 27: The helmet controversy has come into focus again with the centre's recommendation to the Delhi government to exempt women pillion riders from wearing helmets.

According to Prof Dinesh Mohan of the IIT's Transport Research and Injury Prevention Programme in Delhi: ``All courts in the world, including some in India, have ruled that compulsory use of helmets (by motorcyclists and pillion riders) violates no constitutional or personal right to freedom''.

Delhi Akali Dal Chief Avtar Singh Hit, however, says that law and sentiments are not inseparable and the former do take cognizance of certain grey areas from time to time.

According to the Akali leader, if wearing headgear other than a turban is forbidden under a religion, a law that makes it compulsory for men or women of that community to use helmets is an encroachment on their right to practice what their faith dictates.

``In fact, jurisprudence honours sentiments. Most special laws to protect the downtrodden and the deprived in society are, in my opinion, a reflection of some `special concern','' Hit said.

The police and experts, however, have been stressing the safety aspects of such a law. According to DCP (traffic) Mukund Upadhyay, last year's accident data shows that death figures were much higher in cases where pillion riders were without helmets.

``Undoubtedly, a good helmet, if worn properly, is a life-saver,'' he said. Mohan agrees: ``Motorcyclists and pillion passengers are five to ten times more accident-prone than those using four-wheelers''.

``Where safety is concerned, a helmet is the only protective device available to motorcyclists and pillion riders. That is why the formulators of the Motor Vehicle Act 1989, in their wisdom, made wearing helmets compulsory for all two-wheeler riders,'' he said.

``In the event of a road accident, a head injury may cause paralyses, memory loss or even death. Studies have shown that an accident can cause a serious head injury to a two-wheeler rider without a helmet even at a speed of 20-30 kph,'' he added.

But Jathedar Onkar Singh Thapar, member of the Khalsa Tercentenary Committee set up by the Prime Minister, believes strict adherence to the basic tenets of the religion is the core of Sikhism. ``Today, Sikhs do not wear helmets in western countries as they have won legal battles there,'' he claimed.

An expert, speaking on the condition of anonymity, clarified, however, that while Sikh men are exempted from wearing helmets in the UK, Canada, the US and Australia, the law is not relaxed for women. ``I do not think in those countries the law was relaxed out of a consideration for religious sentiments. Sikh men were probably exempted because it was not practically possible for them to wear helmets,'' he said.

H.S. Hanspal, former MP and President of the Namdhari Darbar, says clear guidelines are articulated in Sikh scriptures for the followers of the faith. There is an oft-quoted verse -- `Hoye Sikh sir topi dhare, saat janam kushti hoye mare (cursed is the Sikh who wears headgear)''.

``A cap, hat or a helmet is thus completely forbidden,'' he said. ``Sikh women do not wear turbans, but using other headgear is not allowed to them either''.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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