Bengaluru: The Karnataka High Court has directed the state government to immediately initiate steps to enforce Rule 138 of the Central Motor Vehicles (Second Amendment) Rules, 2022, which mandates helmets and safety gear for children travelling on two-wheelers. The order came during the hearing of a Public Interest Litigation (PIL) filed in 2023 by Dr. Archana Bhatt K., Assistant Professor and Head of Psychology at a private medical college in Shivamogga.

A division bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha disposed of the petition after instructing the government to take prompt action. The court noted that although authorities had taken “some steps” toward enforcement, the rules were still not effectively implemented on the ground. It emphasised that the government must adopt firm and immediate measures to ensure full compliance.

The bench granted the authorities six months to ensure that approved child safety equipment is easily available in the market. Once availability is guaranteed, enforcement of the rules throughout the state should follow, the court directed. The judges also ordered the continuation of awareness campaigns, stating that when transporting a child aged between nine months and four years as a pillion rider, the rider must strictly adhere to safety rules, including child helmets and harnesses.

During the hearing, the government advocate informed the court that manufacturers require time to produce and test the new safety gear before it can be made commercially available.

The Central Motor Vehicle Rules amended in 2022 introduced mandatory safety gear for child pillion riders. Under Section 138(7), a motorcycle carrying a child below four years must not exceed a speed of 40 kmph. The PIL had sought strict enforcement of helmet rules for children above nine months, arguing that lax implementation was endangering young lives.