February
16, 2008 Canadian Sikhs Liken
Helmet Battle
to Komagata Maru By Gurmukh Singh
Toronto
The case of Baljinder Badesha, a local Sikh who is fighting a court
battle to overturn a law barring Sikhs from driving motorcycles
without helmet, has been likened to the famous Komagata Maru case of
1914.
Komagata Maru, a Japanese ship, was hired by a rich Sikh, Gurdit
Singh, to bring Indians to Canada to challenge the then law that
allowed entry only to those who came without breaking journey from
India.
"Since there were no direct ships from India to Canada, how could
anyone come here without first reaching Hong Kong and then boarding
another ship? Komagata was a challenge to the then discriminatory
law. Now, we Sikhs have mounted a challenge to the Traffic Highway
Law that forbids motorcycle driving without helmets. This is another
Komagata Maru for us," an Indo-Canadian businessman from Brampton
told IANS.
Badesha was fined $110 and banned from driving in 2005 while stopped
for not wearing a helmet.
The 39-year-old is being supported by the Sikh community and the
Ontario Human Rights Commission in his legal battle.
The Indo-Canadian businessman said they had planned to mount
challenge to the helmet law about four years ago.
"First, we raised the issue with Indo-Canadian politicians. Harinder
Takhar was our minister for transportation then. But the helmet law
stayed on the statute books.
"Then some committed Sikhs offered to violate it and then challenge
it in court. Badesha did it in 2005. I think it will be sorted out
in our favour very soon," said the businessman who was in court
Friday to lend moral support to Badesha.
He said: "Sikhs from about 3.5 percent of the population in British
Columbia and they are allowed to drive motorcycles without helmet.
Here in Ontario, we are more than 1.5 percent of the population. We
should be given this exemption as well.''
Vancouver-based Avtar Singh Dhillon, who fought and won a similar
battle in his province of British Columbia in 1998, said on the
phone that he had spoken to Badesha and lent him his support.
"When I challenged the helmet law, I had little support. I had to
pay my lawyer. But now Badesha has all the support. Though such
matters take time, I am sure the helmet rule will be overturned in
favour of Sikhs," Dhillon said.
Badesha, who appeared in court for the second consecutive day
Friday, said since the Canadian Charter of Rights and Freedoms
allowed him to practice his faith, he could not be stopped from
driving with a turban.
He said: "I like to ride motorcycles, so that's why we are fighting
the case."
However, his religion didn't allow him to remove his turban, he
said.
Badesha admitted there were dangers in driving without a helmet. But
people are dying even in safe cars, he countered.
Arguing on his behalf, lawyer Owen Rees of the Ontario Human Rights
Commission said: "What the state is saying to Mr. Badesha is you
have to choose between your religious beliefs or (abstain) in order
to ride the motorbike."
Another defence lawyer said if disabled people could be exempted
from seatbelts in cars, why not exempt Badesha from a helmet.
However, government lawyers said that riding a motorcycle "is
significantly different than the interests that have been found to
be violated in other cases."
They said since fatal and non-fatal injuries cost the government
millions of dollars each year, allowing non-helmeted motorcyclists
on the roads will add to the burden on the exchequer.
But the defence lawyer said even if all the turbaned Sikhs, who
formed only about two percent of the provincial population, drove
motorcycles without helmets, it would carry little hazards.
If the court decides in Badesha's favour, the province may have to
enact a fresh law to allow all turbaned Sikh to drive motorcycles
with helmet.
However, such laws already exist in the provinces of British
Columbia and Manitoba.
Boloji.com is owned and managed by Boloji Media Inc Privacy Policy |
Disclaimer
No part of this Internet site may
be reproduced without prior written permission of the copyright holder.
