Members of the Sikh community will not be exempt from wearing a helmet while riding a motorbike, a German court has ruled.
The Federal Administrative Court in Leipzig rejected a Sikh biker's appeal, who had argued that the helmet would not fit over his turban.
While dismissing his appeal, the court contended that the claimant has to accept this restriction to his freedom of religion, as wearing a helmet not only protects the rider but also serves to uphold the rights of others, in case of a mishap.
“The helmet duty is not only to protect the motorcyclist, but also the physical and psychological integrity of other accident participants and rescue workers,” the presiding judge, Renate Philipp, said.
He also added that a helmet-wearing rider would also be better equipped to help others in case of an accident.
The ruling has sparked a renewed call for helmet exemption in other parts of the world, including in Australia where wearing a helmet is mandatory for motorcyclists across the country.
However, helmet laws for cyclists vary from state to state and are relatively more flexible.
In an interview with SBS Punjabi, Parampreet Singh Rajput a member of the Sikh Motorcycle Club Australia, who has been long lobbying for a helmet exemption, said that the German ruling is a “clear infringement of the religious freedom of the Sikhs.”
Parampreet Singh Rajput is one of key members of Sikh Motorcycle Club Australia. Source: Supplied
“It’s a universal fact that drinking and smoking are injurious to health. But having known that, if governments can leave that choice to the discretion of an individual... then why do they make a big deal about wearing a helmet? This too should be left for the rider to decide,” said Mr Rajput.
“Australia must follow in the footsteps of India, UK and several states in Canada where Sikhs are allowed to ride without a helmet,” he added.
Helmet laws in Australia:
It is compulsory for motorcyclists to wear helmets in Australia except in Western Australia and Tasmania where exemptions are possible in extremely rare cases only on medical grounds.
However, Austroads, a peak organisation of Australasian road transport and traffic agencies on its website states that “Health professionals are urged to point out to patients the risk of severe disability or death compared with the relatively small advantages of an exemption from wearing a motorcycle helmet.”
Whereas, helmet rules are more flexible for cyclists across the country.
Although wearing a helmet is compulsory, Sikhs are allowed to ride a cycle without a helmet in Queensland, SA, WA and Victoria.
Exemptions are also possible on health grounds in some states.
