No relief for Sikh cyclist on helmet

NEW DELHI: The Supreme Court on Tuesday refused to pass blanket orders to exempt a turbaned Sikh from mandatory wearing of safety helmet in a cycling event and turned down the plea to adjudicate whether wearing turban is an essential part of the religion.

A bench of Justices S A Bobde, Sanjay Kishan Kaul and Deepak Gupta said cycle races are organised by various private bodies and clubs and the court cannot pass such orders against them. It said people are not duty-bound to participate in such races and they can take a decision on whether to take part as wearing of helmets is for safety of the participants.

The bench was hearing a PIL filed by Delhi-based cyclist Jagdeep Singh Puri challenging a local cycling association’s rules which made wearing of helmet mandatory for all participants.

Puri (50) moved the petition with the plea that he cannot wear a helmet because it’s mandatory for him to wear a turban as per the Sikh religion. Senior advocate R S Suri, appearing for the petitioner, contended that several foreign countries such as the UK and US allowed members of several communities, including Sikhs, to wear turbans while participating in sporting events in keeping with their religious beliefs. He also told the bench that the Central Motor Vehicle Act granted exemption to Sikhs from wearing helmets while driving a two-wheeler and Sikh workers were not required to wear helmet at construction sites.

Responding to the court’s notice, the Centre also opposed the petitioner’s plea and said rules framed by private bodies are binding as it was to ensure safety of the participants. The government also said it could not frame guidelines to be imposed on private clubs and sports associations.

Senior advocate C U Singh, who is assisting the court as amicus curiae, said many sports persons like cricketers Bishan Singh Bedi and Harbhajan Singh had worn half turban while playing and people can wear safety helmets over half turbans for taking part in a cycle race. He said the court had to examine whether full turban was an essential part of Sikh religion.

The bench, however, refused to adjudicate the larger issue, saying it does not want to open a pandora’s box. It, however, allowed the petitioner to make representation to the Centre on the issue and told the government to take a call within a year on whether it could put a condition of exempting Sikhs from wearing helmets while granting sanction to sports bodies to hold such functions.

Puri moved the SC after he was disqualified from the Azad Hind Brevet (long distance cycling) organized by Audax India Randonneurs (AIR), after he refused to wear helmet since he was wearing a turban. He complained that the rule violated his fundamental right to practise and profess his religion as guaranteed under Article 25 of the Constitution.