Telangana High Court Dismisses Challenge to Helmet Law's Constitutionality.
09 July 2025
Motor Accident >> Family Law
In a recent writ petition of Rakesh Boorgula v/s The Union of India, the petitioner, acting as a party-in-person, sought to have Sections 129 and 194D of the Motor Vehicles Act, 1988 (M.V. Act), declared unconstitutional. The petitioner argued that these sections violate Articles 14, 19, and 21 of the Indian Constitution and the doctrine of the Basic Structure.
The petitioner's grievance stemmed from an incident on June 3, 2025, where he was stopped by police and issued 30 pending challans, 28 of which were for not wearing a helmet, totaling Rs. 8,545.
The primary argument against Section 129 of the M.V. Act was its exemption for Sikh individuals wearing turbans from the requirement to wear a helmet. The petitioner contended that helmets are for head protection regardless of religion, and thus, this exemption is discriminatory and violates Article 14 (equality before law). He also questioned why the Act only specifies children above four years of age for helmet use, implying that younger children are not similarly affected by accidents.
The High Court dismissed the writ petition, finding that the petitioner failed to establish a prima facie case for declaring the sections unconstitutional. The court stated that the petitioner could not draw a parallel under Article 14 from the Sikh exemption, as the test of equality applies "amongst equals." Furthermore, the court noted that the petitioner merely made bald statements about the violation of Articles 14, 19, and 21 and the basic structure doctrine without elaborating or substantiating how these rights were infringed.
The court declined to interfere with the provisions, emphasizing that the constitutional validity of a statutory provision can only be challenged on limited grounds, and the petitioner did not raise the ground of legislative competence. The order, however, does not prevent the petitioner from raising his grievance related to the traffic challans in appropriate proceedings.
Section 129, Motor Vehicles Act - 1988
Section 194, Motor Vehicles Act - 1988