HC disallows sale of imported helmets that don’t meet Indian standards

MUMBAI: The Bombay High Court earlier this week said that the sale of helmets that were non-compliant with the standards prescribed by the Bureau of Indian Standards (BIS) was “out of the question”

MUMBAI: The Bombay High Court earlier this week said that the sale of helmets that were non-compliant with the standards prescribed by the Bureau of Indian Standards (BIS) was “out of the question”.

Justices Bharati Dangre and Manjusha Deshpande observed in their order of August 4 that helmets were brought under the BIS prescription in the wake of rising number of two-wheeler accidents and fatalities. “It served the larger interest to minimise the cases of fatalities despite a motorcycle/ scooter rider meeting with an accident and if the quality of the helmet was ensured, which was duly prescribed by the BIS by taking into consideration all the safety measures in consultation with the experts in the field, a person could be saved from suffering a fatality.”

Partly allowing the sellers plea, the court, however, asked the bureau not to pursue the prosecution of a helmet seller whose consignment of imported helmets was seized for not meeting the Indian standards - IS 4151:2015 and the Quality Control Order (QCO) enforced in 2021 - after he agreed not to sell the helmets in India. The BIS told the court that if the sale of the helmets in the market is disallowed by the court, the prosecution against the sellers could be withdrawn.

Project Revolt LLP (PRL) that runs the Lazy Ass Bikers showroom in Andheri, had imported ‘safety helmets’ for two-wheeler riders from France, USA, Taiwan, Italy, Malaysia, United Kingdom, Germany, and China. PRL had moved the High Court after the BIS confiscated 90 imported helmets during a search and seizure operation on December 3, 2021. The helmets were seized after they were found to be non-complaint with the QCO.

After 2021, only helmets manufactured in accordance with IS 4151:2015 and bearing the standard mark were permitted to be imported in India for sale. PRL had, however, said that the seized helmets were imported between 2016 and 2021 and not after the QCO was enforced. Seeking the return of the helmets, PRL told the court that the helmets had a shelf life of three to five years and their quality would deteriorate while they remain seized.

It stated that the helmets were in conformity with the European Certification for the minimum safety requirements of a motorcycle or scooter helmet. PRL’s lawyer told the court that the standard of compliance under the European Standard is more stringent than that in India. PRL was also aggrieved by the prosecution initiated by the BIS before a magistrate court in Andheri in April 2022 in which PRL partners had filed discharge applications.

The BIS, however, stated that there can be no comparison of the helmets by applying European Standards as the Indian Standards prescribed the standard sizes of helmets which are not mandated by European Standards. The Indian Standard mandates that the protective padding of the helmet shall cover all the areas of the shell and the mass of the helmet is not more than 1.5 kg. However, there was no such mandate in the European Standard for helmets. The BIS also stated that following Supreme Court directions in 2016, the Indian Standards were designed by doctors from AIIMS and the lightweight helmets suited India’s climatic conditions.

They added that the Indian standard covered the necessary requirements of material, construction, workmanship, finish, mass and performance of protective helmets for daily use by two-wheeler riders.

“It was thus deemed necessary to have an appropriate headgear to be designed and this was the only helmet to be used by the motorcycle riders , which was to be put to use, so that the risk of death even, if at all, the bike rider meets with an accident, is minimised, and it would prevent serious damage to the head,” the court observed.