Kerala High Court Seeks Response From Indian Railways Regarding Compliance With Guidelines On Safety Of Passengers

Earlier this year, a Single Bench of this Court had asserted the larger public interest involved in the matter of safety of passengers on trains, upon news reports of a woman jumping off the train following an assailant attack.

The said matter was placed before the Chief Justice for considering enhancement of safety on passenger trains. By an order dated 26.05.2021, the Chief Justice directed Registry to initiate suo motu PIL in the matter. Accordingly, this matter was listed before this Bench.

The Court made a perusal of several provisions of the Railways Act intended to secure safety of the passengers, and for compensation for loss in case of untoward incidents.

A close scrutiny of several judgments revealed that the railway administration is liable for passengers' death or injury due to any 'untoward incident' while travelling in the train. It was noticed that this concern has been raised on several instances before the Apex Court as well.

More importantly, Justice Anil K. Narendran and Justice Ziyad Rahman A.A observed that there is a common law duty of taking reasonable care which must be attached to the Railways, the standard of care of which is high and strict. In most of these cases of untoward incidents in trains, it was recorded that the root cause was the failure of Railway Administration to take precaution and preventive measures.

Special reliance was placed on the guidelines laid down in Rajani K.N. v. Ministry of Railways & Ors (W.P. (C) No. 4191 of 2011) where a comprehensive and practical scheme to assure protection to female passengers. The Division Bench in this case held that these guidelines should be adhered to for all time to come. These guidelines also suggested that additional railway protection force be provided to safeguard the safety of women passengers throughout the day.

After an extensive examination of all judgments and provisions relevant to the matter at hand, the Bench observed that the security of passengers can be ensured by installation of CCTV cameras in the compartment, along with 'panic button' to alert the railway servants in-charge or RPF/GRP personnel on duty.

Considering that 'salus populi suprema lex' means welfare of the people is the highest law, the Court held that Railway Administration has a duty to ensure the safety of the passengers, by taking necessary steps to prevent any attack on them by law breakers.

Contemplating the public interest involved in the matter, Adv. R. Leela of this Court was appointed as Amicus Curiae to assist this Court in the matter.

The Division Bench observed thus while passing an interim order:

"The respondents shall state as to whether the arrangements noted in the judgment of Rajani K.N. and connected cases are being adhered to and also the proposed measures like installation of video surveillance system under 'Nirbhaya Scheme' in 28 identified railway stations in State of Kerala have already been implemented."

Suo Motu v Union of India