How a sexist law making bike helmets 'optional' for women is costing precious lives

On November 16, 2012 two sisters Santosh (35) and Neeta (24) were on their way for a prayer meet when the motorcycle they were riding pillion hit a truck, killing them both.



The person driving the two-wheeler, Santosh's husband Chander Pal, however, escaped with minor injuries. The reason? The women were not wearing a helmet while Chander was, as traffic rules for headgear in Delhi exclude women.

"Women without helmets become excessively vulnerable in such accidents," the then Joint Commissioner of Police (traffic) Satyendra Garg had said after the accident.



How a sexist law making bike helmets 'optional' for women is costing precious lives

"Women must wear helmets on two-wheelers even if it's not compulsory. Helmets must be made compulsory for women in Delhi."



It was not a one-off incident. According to an RTI reply from the Delhi government, 181 women have died in two-wheeler accidents in the Capital in the last three years as they were not wearing helmets.



Though Section 129 of the Central Motor Vehicle Act makes helmets compulsory for all two-wheeler riders and pillions, the Delhi government had made it optional for women in its Motor Vehicle Rules 1993 following protest by Sikhs, who argued that their religion does not allow men and women to wear anything over a turban.



The issue was widely debated when a social film-maker Ullhas P.R. filed a PIL in the Delhi High Court seeking a direction to make helmets compulsory for women.

"Women are equally vulnerable to injuries while riding or driving two-wheelers. Does the Delhi Motor Vehicle Rules mean to say that lives of women are less valuable than that of men?" Ullah asked.

He drew strength from Garg's comment on the official Delhi traffic police website that "many lives can be saved if helmets are made mandatory for women too".

The National Commission for Women also held the same view.



However, several hearings over the PIL saw the government dilly-dallying on the issue before finally making it clear in March this year that it does not intend to make helmets compulsory for women "keeping in mind sensitivities of the Sikh community".



"A meeting was held with all the stakeholders and it was found that the objection is from Sikh women," an affidavit filed by Rajesh Sakkarwal, deputy commissioner of transport department, said.



"The transport ministry is of the opinion that we should continue with the exemption granted to women and keep it optional," he said.

