- 1 - HC-KAR NC: 2025:KHC:47728-DB WP No. 27135 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 27135 OF 2023 (MV) BETWEEN: DR ARCHANA BHAT K AGED ABOUT 44 YEARS KRISHNA SWAMY K R/AT: ANUGRAHA, HS RAO LAYOUT OPP.VASAN EYE CARE, KUVEMPU ROAD SHIVAMOGGA-577201 WORKING AS ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT OF PSHYCHOLOGY KATEEL ASHOK PAI MEMORIAL COLLEGE SHIVAMOGGA EMAIL-archana.kallahalla@gmail.com PAN NO.AKSPA4350M AADHAAR NO.334031769048 MOB: 9632658450 …PETITIONER (BY SRI. NITIN RAMESH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47728-DB WP No. 27135 of 2023 1ST FLOOR, M S BUILDING BENGALURU-560001 2. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE (HEAD OF POLICE FORCE) KARNATAKA STATE POLICE HEADQUARTERS NRUPATHUNGA ROAD BANGALORE-560001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018, PRAYING TO ISSUE APPROPRIATE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO STRICTLY IMPLEMENT RULE 138(7) OF THE CENTRAL MOTOR VEHICLES (SECOND AMENDMENT) RULES, 2022 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:47728-DB WP No. 27135 of 2023 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present writ petition, inter alia, praying that directions be issued to the respondents to strictly implement Rule 138(7) of the Central Motor Vehicles (Second Amendment) Rules, 2022. 2. The said rule is set out below: "7) After one year from the date of publication of the Central Motor Vehicles (Second Amendment) Rules, 2022, the driver of a motorcycle shall ensure the following safety measures while carrying a child between the age of nine months and four years, on the vehicle as a pillion, namely: - (i) For children below four years, Safety harness shall be used for attaching the child to the driver of the motorcycle. Explanation.- Safety harness is a vest to be worn by the child, which shall be adjustable, with a pair of straps attached to the vest and forming shoulder loops to be worn by the driver. This way, the upper torso of the child is securely attached to the driver. A feature by which this is achieved is by attaching the straps to the back of the vest and crossing the straps over the vest so that two large crossing-over loops are formed that pass between the legs of the passenger and child sits on the seat of the two- wheeler. The protective gear including Safety harness shall meet the following requirements till such time the specifications are prescribed by the Bureau of Indian Standards under the Bureau of Indian Standards Act, 2016 (11 of 2016):- - 4 - HC-KAR NC: 2025:KHC:47728-DB WP No. 27135 of 2023 Specifications of Safety harness (a) Light weight, adjustable, waterproof and durable; (b) Heavy nylon/ multi-filament nylon material with high density foam with sufficient cushioning; (c) Shall be designed to hold weight upto 30 kg. (ii) Crash helmet: The driver shall ensure that the child pillion passenger aged between nine months and four years must wear his own crash helmet which fits his head or wear bicycle helmet complying with [ASTM 1447]/[European (CEN)BS EN 1080/BS EN 1078] till such time that the specifications are prescribed by the Bureau of Indian Standards under the Bureau of Indian Standards Act, 2016 (11 of 2016). (iii) The speed of the motorcycle with the child upto age four years being carried as a pillion, shall not be more than 40 kmph." 3. In view of the above, this Court had directed the Government of Karnataka to file a response furnishing the relevant details pertaining to the subject matter and to take a stand in respect to the prayers made in the present petition. 4. The State Government has filed the statement of objections. It states that till the aforesaid rule – Rule 138(7) of the Central - 5 - HC-KAR NC: 2025:KHC:47728-DB WP No. 27135 of 2023 Motor Vehicles (Second Amendment) Rules, 2022 – was brought into force, the public was unaware of the safety measures that were to be taken when children are riding as a pillion rider on motor cycles and other two wheelers. Therefore, the State had taken steps to launch awareness programmes to create awareness regarding children's safety and the wearing of safety harness system and crash helmets. 5. It is stated that the relevant authorities had also conducted a meeting under the Chairmanship of the Additional Commissioner for Transport (Enforcement) (South), together with the two wheeler dealers in the State and their representatives for implementing the said rule. It is stated that it was found that safety harness equipment was not readily available off the shelf in the market. Thus, it was necessary to create awareness and also to ensure that the equipment is available in the market. 6. It is stated that on 28.01.2025 another meeting was held under the Chairmanship of the Additional Director General of Police and the Commissioner, Traffic and Road Safety with respect to effective implementation of Rule 138(7) of the said Rules. Certain - 6 - HC-KAR NC: 2025:KHC:47728-DB WP No. 27135 of 2023 motorcycle manufacturers and helmet manufacturers also attended the said meeting. It is affirmed that the manufacturers have stated that the safety harness systems and crash helmet systems for children were under research and development stage and developing and testing of the systems will take an estimated time of 5 to 6 months. 7. Paragraph 10 and 11 of the statement of objections filed on behalf of the State of Karnataka are set out below: "10. It is submitted that on 28-01-2025, a meeting was held under the Chairmanship of the Additional Director General of Police and the Commissioner, Traffic and Road Safety with respect to effective implementation of Rule-138(7) of the Central Motor Vehicles Rules pertaining to the safety harness and crash helmets. The said meeting was attended by The Commissioner for Transport and Road Safety, Joint Commissioner of Police, Traffic Bangalore City, Deputy Commissioner of Police, Traffic South, Bangalore, Additional Commissioner for Transport (Enforcement) (South), Additional Commissioner and Member Secretary, Karnataka State Road Safety Authority, Executive Director, Society of Indian Automobile Manufacturers (SIAM), Professor, Bangalore Medical College, Vani Vilas Children Hospital, Bangalore and other Motor Cycle Manufacturers and Helmet Manufacturers. In the said meeting, the manufacturers who attended the meeting stated that the manufacturing of safety harness systems and crash helmets for children is under research and developmental stage; the developing and testing of these system will take time with an estimated time of 5 to 6 months. The representatives of the manufacturers have - 7 - HC-KAR NC: 2025:KHC:47728-DB WP No. 27135 of 2023 requested for time of 6 to 7 months to develop the safety harness and crash helmets for children. Dr. Anjana Murthy, Professor of Paediatrics, Bengaluru Medical and Research Institute, Vani Vilas Children Hospital, Bengaluru informed that, mandating helmet for children below 4 years of age can be decided on the design of helmet depending on the strength of the neck and weight of the child. This meeting highlighted the gap between regulatory requirements as per Central Motor Vehicle Rules and market availability of safety equipment for child pillion riders. Representatives of manufacturers committed themselves to developing the helmets and harnesses but however requested the need for time and Bureau of Indian Standards certification in the coming days. 11. It was decided that the Karnataka State Transport and Police Department in co-ordination with the vehicle manufacturers and helmet manufacturers will take appropriate action as per Rule 138(7) of the CMV Rules. The copy of the proceedings is produced as ANNEXURE-R4 for the kind perusal of this Hon'ble Court. Thus, it can be seen that these Respondents are taking all necessary steps for the effective implementation of Rule 138(7) of CMV (Second Amendment) Rules, 2022." 8. It is apparent from the above that although the State Authorities have taken some steps towards implementation of Rule 138(7) of the Central Motor Vehicles (Second Amendment) Rules, 2022, in effect, the said rule has not been implemented as yet. It is also apparent that there is no cavil that the said rule is required to be implemented. - 8 - HC-KAR NC: 2025:KHC:47728-DB WP No. 27135 of 2023 9. We note that the time of one year granted has since expired. About ten months have expired since the meeting held on 28.01.2025. Therefore, the five to six months estimated by the manufacturers for research and development of the relevant products – harness systems and crash helmets – is also over. Therefore, the State is now required to take effective steps to ensure that the awareness is spread. 10. We accordingly, dispose of the present petition by directing the State to take immediate steps to ensure that the said rule is implemented. Since it is stated that the necessary equipment has not yet been developed, we consider it apposite to direct the State Government to take steps in this regard, as expeditiously as possible and preferably within a period of six months. 11. The petition is disposed of in the aforesaid terms. 12. Pending IAs., if any, are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND/ List No.: 1 Sl No.: 16