Mumbai: Bombay high court has sought replies of Central and State govts on a PIL that seeks implementation in Maharashtra of a rule to supply a helmet conforming to Bureau of Indian Standards (BIS) specifications at the time of every two-wheeler sale.Delhi-based NGO Utprarit Consumer Foundation also seeks direction to the State, through Regional Transport Office, to take appropriate action against erring manufacturers and dealers as “non-compliance has a direct effect of endangering the safety of both rider and pillion passenger.”According to its petition, the rule was introduced by a Sept 2005 amendment to the Central Motor Vehicles Rules and brought into force in March 2006. In Feb 2016, the State’s transport commissioner issued a press release stating that two-wheeler manufacturers were directed to provide two helmets at the time of sale and that registering authorities were directed to verify the same. “However, the same has not been implemented in practice”, the petition states, adding that manufacturers and dealers “fail to supply even a single BIS-compliant protective headgear at the time of sale.”The petition cited the Ministry of Road Transport and Highways’ Road Accidents in India 2023 report, which states there were 54,568 two-wheeler deaths, including 39,160 riders and 15,408 pillion riders, forming 31.6% of all road accident fatalities. The NGO’s survey revealed that manufacturers and dealers routinely fail to supply BIS- compliant helmets at the time of sale, or supply sub-standard or counterfeit BIS helmets or compel purchasers to buy helmets separately. “In the absence of assured availability of standardised and certified protective headgear at the time of purchase, consumers are either compelled to use sub-standard helmets or forego usage altogether, thereby exposing themselves to a heightened risk of fatal and grievous injuries,” the petition states.The NGO has prayed for “public awareness campaigns” informing consumers of their right to receive BIS-compliant helmets and encouraging reporting of non-compliance. On Oct 19, HC adjourned the hearing to Nov 30.
