Kerala High Court: Illness is not a ground to seek exemption from wearing helmet while riding two wheelers

The Kerala High Court in the case Mohanan V.V State Of Kerala observed and has held that is no ground for seeking exemption from wearing helmets while reading two wheelers.
The single bench headed by Justice PV Kunhikrishnan observed and has held that there cannot be any exemption to a citizen from wearing helmet while driving or riding a two-wheeler. The bench stated that if the petitioners are suffering from any illness which disable them from wearing helmets, they have to abandon their two-wheeler ride. In such situation, the petitioner cannot avoid helmet while driving or riding as wearing the helmet while riding of the two-wheeler is to protect the life of citizens.
Further, the petitioner in the pela seeks directions to the Kerala State Police Chief and the Transport Commissioner to grant them exemption.
The court in the case observed and has referred to Section 129 of the Motor Vehicles Act, 1988 and Rule 347 of the Kerala Motor Vehicles Rules, 1989 , wherein the court stated that it being mandatory for the rider and the pillion rider of a two wheeler to wear helmets. Thus, the petitioner cannot escape from the AI cameras and violate the law.
However, the court in the case observed that there cannot be any exemption to the petitioners in wearing helmets and illness cannot be a reason. Thus, there being no fundamental right to a citizen to use two wheelers without following the rules of the land and the facility of private transport and public transport facility is available in the State.
The court while considering the facts and circumstances of the case stated that if the petitioners are suffering from illness, they can use the helmet. Therefore, the petitioner cannot violate the law and ride two wheelers without helmets and can escape from the AI cameras. The counsel, Advocate John Joseph and Advocate Angel Gloria V S appeared for the Petitioner. The counsel, Government Pleader B S Syamantak represented the State.