By : Adv.Aysha Sahla.K.P, Associate, Alishahz Legal LLP –
Recently, we all came to know about the unfortunate and heartbreaking news regarding the death of 16 migrants. This tragic incident occurred in the Aurangabad district of Maharashtra where around 20 migrants who were trying to get their hometown during Covid-19 pandemic crisis. They were sleeping on the railway track and unfortunately they lost their lives when a goods train ran over them. Walking, running, sitting or sleeping on railway tracks are extremely dangerous and the railway authority have time and again warned people not to do so for their own safety. They refuse to pay compensation to the dependants of people who were injured or died, due to any of the activities mentioned above.
In the above incident, the railway authority has not granted any ex gratia compensation to the dependants of the deceased persons so far since it is considered as trespassing and infringement in its right of way. Any person entering upon or any part of a railway property without any lawful authority or obtaining lawful authority and misuses or refuses to leave the railway premises are termed as trespassers. Many such previous incidents have occurred and the railway refuses or hesitates or denied the compensation.
Unawareness of the railway laws are the main cause of such incidents in India. The Railway Administration constantly spends a lot of money for conducting various safety campaigns , advertisement on safety of passengers and awareness programmes aiming at reducing the risks of the lives of passengers and railway staffs. Some of the offences and punishments regarding railway are mentioned below:-
| Offences | Punishment |
| Travelling without proper pass or ticket | Minimum fine of Rs.250/- plus additional charges, in case of ticket. In case of no cash/refuses to pay, imprisonment for a term which may extend upto 6 months/fine upto Rs.1000/- or both |
| Smoking on train/in any part of Railway premises | Fine upto Rs.200/- |
| Drinking on train/in any part of Railway premises | First offence- Minimum fine of Rs.100/- Second/Subsequent Offence- Imprisonment of 1 month and Fine of Rs.250/- |
| Pulling the chain without a proper reason | Imprisonment for a term upto 1 year/fine upto Rs.1000/- or both |
| Entering platform without platform ticket | Imprisonment / Minimum fine of Rs.250/- |
| Trespassing | Imprisonment for a term upto 6 months/fine upto Rs.1000/- or both |
| Crossing Railway Track | Imprisonment for a term upto 6 months/fine upto Rs.1000/- or both |
| In possession of any Railway property either stolen or obtained unlawfully | Imprisonment for a term upto 5 years/fine or both |
| Transfer of ticket | Imprisonment for a term upto 3months/fine upto Rs.500/- or both |
| Hawking and begging | Imprisonment for a term upto 1 year/fine upto Rs.2000/- or both |
| Maliciously wrecking or attempting to wreck a train | Imprisonment for life or with rigorous imprisonment for a term upto 10 years |
| Touting railway tickets | Imprisonment for a term upto 3 years/fine upto Rs.10,000/- or both |
| Littering | Penalty ranging between Rs.100/- to Rs.5000/- depending on the nature of the offence |
| Damaging or destructing the railway property | Imprisonment for a term upto 5 years/fine or both |
| Male person entering ladies compartment | Fine upto Rs.500/- |
| Travelling on roof, step or engine of the train | Imprisonment for a term upto 3months/fine or both |
What are the rights of passengers?
- If you suffer any sudden health problems during your travel, then the Railway is responsible to provide you with first aid on the train and efficient medical facilities at the nearest station. Installing Railyathri’s updated app (with medical features) would be beneficial for elder passengers in case of any medical emergencies
- Concession of railway ticket:- Male citizens of 60 years or more can get 40% concession whereas female citizens of 58 years or more can get 50% concession. Furthermore, if you are a patient (cancer, kidney, heart etc) or physically handicapped, you can avail concession on railway ticket.
- A passenger is allowed to transfer his/her confirmed ticket to immediate family member or to blood relations like father, mother, brother, sister, son, daughter, husband or wife. However, an application must be submitted to the nearest train reservation office 24 hours before the scheduled departure of the train.
- In case of any personal injury or death, the injured passenger or dependants of deceased persons can claim compensation before the Railway Claims Tribunal. However, there are certain exemptions mentioned under The Railways Act,1989.
- There is a compartment reserved for women (Ladies compartment) in all the long distance trains. Male children upto the age of 12 years are allowed to accompany with their mother in ladies compartment.
In case, you booked AC coaches and found out AC is not working, you can complain and claim refund of the ticket fare after obtaining a certificate for the same from the TTE.
- You have the right to know the information regarding the railway amenities, reservation chart, coach position or platform information.
- Passengers who have booked e-tickets can change the boarding station through online portal within 24 hours of the scheduled departure of the train.
- If the train is running on more than 3 hours delay and passenger has not travelled or the route of the train is diverted and passenger does not want to travel, then you can claim refund of full fare of ticket.
- A bonafide passenger is entitled to compensation if any injury or death which has occurred while boarding or de-boarding a train.
CONCLUSION
Most of the railway accidents occur due to carelessness on the part of the people. The ever increasing railway accident cases is not an excuse for the Railway administration to dilute its current laws. Nevertheless, the Railway administration has to focus more on providing adequate care, facilities and easy access to medical emergencies or other emergencies and it is the ultimate need of the hour. This can prevent the railway staffs or the passengers from becoming another statistical victims of a railway accident. The concerning and troublesome question still remains, as to whether the railway rules and regulations will be obeyed.