Hubballi: Some advocates, writers and activists have raised questions on the legal sanctity of the “No Helmet, No Petrol” rule Hubballi-Dharwad police wants to implement starting February 22.The rule, says Uma Mahesh Vaidya, a writer on legal issues, is in violation of Article 19(1)(g) of the Constitution which allows one to practice any legal profession, trade or business. “However, one cannot cross the limit of doing others’ duties, who is police in this case. Of course one or two petrol bunk owners can voluntarily deny fuel in the interest of bike riders. If all bunks adopt this rule, it becomes an indication that they are pressurized by some external agencies to do a job which is not related to their business. If one approaches the district consumer forum, complaining of denial of service, then petrol bunks will definitely be penalized,” Uma opines.Rajendra Haripura, an advocate at District Session Court in Dharwad , points out that the police initiative is nowhere mentioned in any Act or Rule. “If they want to make it legal, they have to submit a proposal to the 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 a little difficult to make amendment and not possible to implement in the near future. These Sections assert wearing of protective headgear, but no Section of any Act or Rule make helmet compulsory to get petrol,” he asserts.Mohan Patil, another advocate, feels that police should review their decision with respect to the legal aspects before implementing the rule. “Otherwise, it just looks like they are trying to transfer their responsibility on others. They should study judgments of the Supreme Court and high courts, which have asserted that it’s the duty of traffic police and police authorities to ensure proper enforcement of the helmet rule. Hence, petrol bunks may get stuck in legal clutches if they deny petrol to those not wearing helmet,” he says.“Yes, it does not have any legal sanctity, but has only socially concern. We have not ordered petrol bunks legally, but requested them to be a part of the social concern and they have agreed to it. Police alone cannot keep vigil on 4.50 lakh bikes in the twin cities. Anyone can join hands in making helmet compulsory,” says B S Nemagoud , DCP (crime and traffic), Hubballi-Dharwad.

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