In its basic form, law can be understood as a set of rules a society collectively recognises to govern the conduct of its members and various forms of interaction between one another and with foreign individuals or countries. Some of its salient features include the need to be unambiguous, being capable of protecting against the mischief it seeks to address, and well-reasoned so as to continue to justify the adherence of the members of the concerned society.

Generally, law is premised on collective beliefs attributed towards certain behaviour, at times framed to ensure protection from exploitation, while at other times framed to protect members of the society from themselves. It is due to the shared general belief that legitimacy is ascribed to the laws and strict adherence is expected. However, what happens when the members of a society do not voluntarily adhere to the law or are otherwise unaware of the same?

In such circumstances it falls on the Executive (i.e., the respective government) to ensure enforcement and implementation of the law. However, given that the law is an intangible instrument, where the same is not regularly and indiscriminately implemented by the Executive, is it really worth anything more than the paper it is printed on?

While there are countless examples of laws in Pakistan which have been persistently ignored and have found their place only on dusty bookshelves in legal libraries, one such example is the recently amended Rule 156 of the Sindh Motor Vehicle Rules, 1969. Pursuant to a Sindh Government Notification dated October 26, 2021, the said rule in the Sindh Motor Vehicle Rules was amended so as to exclude a previously existing exemption which provided that motorcycles across Sindh did not need to maintain any rear-facing mirror (regularly referred to as side mirrors). In fact, the new version of the rule goes as far as placing a positive obligation, stating that at least one mirror shall be fitted externally on each side of a motorcycle to assist to rider to be aware of traffic on both sides’ rearwards.

In part, this amendment is a result of pressure from a public interest petition which was filed in 2020 and pursued before the High Court of Sindh seeking the court to strike down the pre-existing unreasonable exemption being contrary to fundamental rights. The petition highlighted the life-endangering practice which is prevalent in Karachi, if not across Pakistan, where motorcycle owners remove their side mirrors and drive without them on a daily basis. Naturally, not only does this cause a serious risk to the riders being unaware of their rearview surroundings, but also to other road users and pedestrians on the side.

The seriousness of this risk is exacerbated by the fact that motorcycles are the preferred mode of transportation for the general population of Sindh. Reports of the Pakistan Automotive and Manufacturing Association for the years 2018-2019 suggest that the ratio of motorcycle to car sales is around 9:1. Furthermore, motorcycles are preferred by the youth considering their limited financial circumstances, and who have a general tendency to ride motorcycles in a risky and dangerous fashion.

The matter becomes all the more interesting when confronted with Rule 89A of the Sindh Motor Vehicle Rules which specifically requires that all motorcycles drivers must wear helmets. It is not difficult to appreciate that, while wearing a helmet, a rider’s vision is further limited as the frame of the eye-cutout blocks a few degrees of sight on either side (for those who do not often wear helmets, you can test this out by raising your hands and cupping them on either side of your eyes).

Rather than leave the matter to the High Court for appropriate orders, the Sindh Government seems to have opted for the amendment in the law prior to any court order. On the basis of this amendment, the petition was disposed of in December 2022, having served its purpose.

Despite the same, around four months after the disposal of the petition, and over a year from the notification itself (produced in court only on a later date), it seems that this amendment too is destined to find itself tucked away in a dusty bookshelf like countless others before.

Till date we continue to see the ordinary practice of motorcycle riders removing their side mirrors and riding their vehicles without them. This is curious considering the amendment, as a result of which it is evident that the Sindh Government has acknowledged the rationale and need for motorcycles to maintain side mirrors. It is unclear why they have chosen not to ensure active implementation of this rule. Recently in Karachi campaigns were launched against motor vehicles with tinted windows, “fancy number plates”, and illegal sirens. However, such a crackdown omitted to address or seek enforcement of the recent amendment for motorcycle side mirrors. This omission from implementation of the amendment becomes all the more concerning when one considers that motorcycles are the preferred mode of transport, being affordable and given the lack of reliable public transport. Furthermore, the Sindh Government has never shied away from taking strict measures to ensure enforcement of the requirement to wear helmets or bans on pillion-riding, hence, a question of practicality would not be a viable explanation.

Whatever the reason, given the utility of side mirrors on motorcycles and the undoubted benefit to the public at large, one can hope that, in the near future, we will see the Sindh Government taking steps to ensure enforcement of the newly amended Rule 156,and making the roads just that one bit safer for all of us.

If not, then instead the newly amended rule will merely become another example of a piece of paper printed with good intentions, serving little purpose other than as a library-filler.

Hamza H. Hidayatallah is Barrister-at-Law, Advocate High Court. All facts and information are the sole responsibility of the author