Robust System Needed To Prevent Deaths Of Mumbai Local Train Commuters: Bombay High Court

Calling upon the railways to address the alarming number of deaths (5 to 7 per day) occurring on the Mumbai Suburban railway system, the Bombay High Court today said that it may establish a committee of experts to conduct a high-level study on the matter.

The court also requested Additional Solicitor General Devang Vyas to assist in the matter on behalf of the Union of India - Railways.

A division bench of Chief Justice Devendra Upadhyaya and Justice Amit Borkar called for accountability of officers at the highest level and stressed that railways has to find effective solutions rather than using the large number of commuters as an excuse.

“This time, we are going to make the officers accountable at the highest level. The situation here in Bombay is pathetic. You (Railways) can't feel happy by proclaiming that you are commuting 35,00,000 people a day. You can't also say that considering the number of passengers in Mumbai, you are doing a good job”, the bench said.

The court was hearing a PIL highlighting the systemic issues causing these fatalities and proposing measures for improvement.

The bench further remarked that the passengers are carried like “chattel or even worse” in the Mumbai local trains.

“Matter needs to be taken care of. Matter needs to be studied by the General Manager himself…we need a very robust system to be in place so that this can be checked. It's a shame. Sorry to use this word. I feel ashamed. The manner in which In the in the local trains, the passengers are made to commute…”, Chief Justice Upadhyay added.

The court ordered the General Managers of Western and Central Railways to nominate high-level officers to file affidavits addressing the issues raised in the petition. The General Managers must personally vet the affidavits before submitting them to the court. These affidavits should detail existing measures and suggest new solutions to mitigate these fatalities.

During the hearing today, Advocate Rohan Shah for the petitioner emphasized the severity of the issue, citing that 2,590 commuters lost their lives on the Mumbai Suburban Rail in 2023, equating to about seven fatalities per day. The primary causes of these deaths include trespassing on railway tracks, passengers falling from moving trains, and incidents involving gaps or poles, including electrocution. These three factors alone account for 1,895 deaths annually, nearly five fatalities daily, he said.

Shah submitted that the infrastructure and safety measures in place are inadequate, referencing various reports and statistics from sources like the Free Press Journal, the Railway Ministry, and NITI Aayog. He highlighted a discrepancy between official railway fatality figures and those reported by hospitals as railway fatalities.

Shah pointed out that comparatively, the Mumbai Suburban Rail has a fatality rate of 33.8 per 100,000 commuters, significantly higher than cities like New York (3.66), Paris (1.46), and London (1.43). He likened commuting on Mumbai's local trains to going to war, noting that the number of fatalities surpasses even the annual death toll of Indian soldiers in active duty.

The counsel for Western Railway submitted that significant measures have already been taken to improve infrastructure and safety, referencing compliance with earlier court guidelines and the construction of foot over bridges at stations. He highlighted that the Mumbai Suburban Rail carries about 33 lakh passengers daily with over 1,500 services, and said that numerous safety measures had been implemented over the years.

The bench, however, questioned the efficacy of these measures, asking if they had succeeded in preventing deaths from running trains or track-crossing incidents.

The bench remarked that the current situation in Mumbai is unacceptable and emphasized the need for a change in attitude and mindset among railway officials. The court called for accountability at the highest levels, including the involvement of the Principal Chief Security Commissioner and relevant members of the Railway Board.

The court noted that the Mumbai suburban railway system is the second busiest in the world, with fatalities among commuters being a significant concern, and sought affidavits-in-reply within six weeks, followed by a rejoinder from the petitioner within two weeks.

Case no. – PIL/75/2024 [Civil]

Case Title – Yatin Jadhav v. Union Of India