Hubballi: Some advocates, writers and activists have raised questions on the prison sanctity of the “No Helmet, No Petrol” rule Hubballi-Dharwad police wants to enforce beginning February 22.
The rule, says Uma Mahesh Vaidya, a writer on prison issues, is in violation of Article 19(1)(g) of the Constitution which allows one to apply any prison career, trade or industry. “However, one cannot move the prohibit of doing others’ duties, who's police on this case. Of path one or two petrol bunk house owners can voluntarily deny fuel in the pastime of bike riders. If all bunks adopt this rule, it becomes an indication that they're pressurized via some exterior businesses to do a task which is not related to their industry. If one approaches the district shopper forum, complaining of denial of service, then petrol bunks will unquestionably be penalized,” Uma opines.
Rajendra Haripura, an advocate at District Session Court in Dharwad, issues out that the police initiative is nowhere mentioned in any Act or Rule. “If they wish to make it prison, they've to publish a suggestion to the federal government to amend Section 129 of The Motor Vehicles Act, 1988 and Section 230 of The Karnataka Motor Vehicles Rules, 1989. As the Act is central, it’s somewhat tricky to make amendment and now not conceivable to enforce in the near long term. These Sections assert dressed in of protecting headgear, but no Section of any Act or Rule make helmet compulsory to get petrol,” he asserts.
Mohan Patil, any other advocate, feels that police will have to assessment their decision with admire to the prison facets prior to implementing the rule. “Otherwise, it simply looks like they're looking to switch their accountability on others. They will have to find out about judgments of the Supreme Court and top courts, which have asserted that it’s the duty of visitors police and police government to ensure right kind enforcement of the helmet rule. Hence, petrol bunks would possibly get caught in prison clutches in the event that they deny petrol to those now not dressed in helmet,” he says.
“Yes, it does now not have any prison sanctity, but has simplest socially fear. We have now not ordered petrol bunks legally, but asked them to be part of the social fear and they've agreed to it. Police by myself cannot stay vigil on four.50 lakh bikes in the twin cities. Anyone can join arms in making helmet compulsory,” says B S Nemagoud, DCP (crime and visitors), Hubballi-Dharwad.
The rule, says Uma Mahesh Vaidya, a writer on prison issues, is in violation of Article 19(1)(g) of the Constitution which allows one to apply any prison career, trade or industry. “However, one cannot move the prohibit of doing others’ duties, who's police on this case. Of path one or two petrol bunk house owners can voluntarily deny fuel in the pastime of bike riders. If all bunks adopt this rule, it becomes an indication that they're pressurized via some exterior businesses to do a task which is not related to their industry. If one approaches the district shopper forum, complaining of denial of service, then petrol bunks will unquestionably be penalized,” Uma opines.
Rajendra Haripura, an advocate at District Session Court in Dharwad, issues out that the police initiative is nowhere mentioned in any Act or Rule. “If they wish to make it prison, they've to publish a suggestion to the federal government to amend Section 129 of The Motor Vehicles Act, 1988 and Section 230 of The Karnataka Motor Vehicles Rules, 1989. As the Act is central, it’s somewhat tricky to make amendment and now not conceivable to enforce in the near long term. These Sections assert dressed in of protecting headgear, but no Section of any Act or Rule make helmet compulsory to get petrol,” he asserts.
Mohan Patil, any other advocate, feels that police will have to assessment their decision with admire to the prison facets prior to implementing the rule. “Otherwise, it simply looks like they're looking to switch their accountability on others. They will have to find out about judgments of the Supreme Court and top courts, which have asserted that it’s the duty of visitors police and police government to ensure right kind enforcement of the helmet rule. Hence, petrol bunks would possibly get caught in prison clutches in the event that they deny petrol to those now not dressed in helmet,” he says.
“Yes, it does now not have any prison sanctity, but has simplest socially fear. We have now not ordered petrol bunks legally, but asked them to be part of the social fear and they've agreed to it. Police by myself cannot stay vigil on four.50 lakh bikes in the twin cities. Anyone can join arms in making helmet compulsory,” says B S Nemagoud, DCP (crime and visitors), Hubballi-Dharwad.
No Helmet, No Petrol rule could run into legal tangle
![No Helmet, No Petrol rule could run into legal tangle]()
Reviewed by Kailash
on
February 20, 2018
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