Safety in trains is the Railways’ duty

Pushpa Girimaji

Reports of passengers being robbed of their belongings during train journeys makes me feel apprehensive every time I travel, particularly to attend family weddings, as I have to take with me expensive clothes and some jewellery to wear too. The recent looting of passengers on Jammu-Delhi Duronto Express is a case in point. What can consumers do in such a situation?

Well, first of all, write to the railway minister and demand better policing of trains. These incidents can be prevented by providing armed police escorts with modern communication systems. The railways should also provide in every coach alarm buttons that can be used by passengers to call for assistance. As delay in registering complaints facilitates the escape of culprits, it is also essential to ensure immediate reporting of the crime to the nearest police station. Better coordination between the Government Railways Police or the Railway Protection Force will also help.

Second of all, remember that Travelling Ticket Examiners and coach attendants are duty bound to keep the compartment doors locked. They also have a responsibility of closing and bolting the vestibule doors between 10 pm and 6 am. The TTE, in addition, has to prevent the entry of unauthorised persons/intruders into the coach and has to remain ever vigilant, particularly at night. The Train Superintendant, in turn, has to ensure that the coach attendant and the TTE follow these standing instructions scrupulously. You must demand that they secure the coaches without fail.

According to the statistical data put out by the Railways, there were as many as 17,415 cases of theft of passenger baggage on trains during the first half of 2018 (January to June). There were 287 robberies, 12 cases of dacoity and 103 cases of drugging. In 2017, there were 33, 568 cases of theft of passenger baggage, 793 cases of robbery, 34 dacoities and 256 cases of drugging. In fact, theft of passenger baggage on trains has shown an increasing trend — from 14,301 cases in 2014, it went up to 22,106 in 2016 and 33,568 in 2017.

What’s most worrying is that, in the recent times, train robberies are becoming violent, resulting in injuries to passengers and that is a matter of concern. On January 9, thieves looted cash worth Rs 25 lakh, besides jewellery and mobile phones from the passengers of New Delhi-Bhagalpur Express. They also thrashed several passengers for resisting the robbery. About 10 days before that, five passengers on Durg-Chhapra Sarnath Express were fleeced near Ballia, leaving three of the victims with serious head injuries. 

Consumers must demand better safety and security on trains. I would also suggest that, as far as possible, avoid carrying valuables on train journeys. 

Are there any cases of consumer courts awarding compensation to the victims of theft/robbery on trains?

In a number of cases, the consumer courts have held the Railways liable for negligence. Let me quote a recent case (Station Superintendent, North Western Railway Vs Jasmin Mann, RP No 3047 of 2017) where the apex consumer court made it clear that the Railways would have to pay compensation to the victims of thefts and robberies, if there is negligence on the part of the Railways or its staff. 

In this case, the thief had entered the reserved coach and snatched Jasmin Mann’s bag containing valuable documents, besides Rs 6,000 in cash and some jewellery. The apex consumer court upheld the order of the lower consumer courts asking the Railways to pay Rs 2,30,000 along with 9 per cent interest calculated from the date of filing the case, besides Rs 30,000 for mental and physical agony suffered and Rs 10,000 towards costs. 

In response to the Railways’ contention that they were not responsible for the safety of passenger baggage, the apex consumer court pointed out that the coach attendant was negligent in leaving the compartment door open, resulting in an unauthorised person (thief) entering the reserved AC II-Tier coach and committing the theft. There was no justification for the door of the coach being left open while the train was running between two stations. The passenger was dragged to the door while resisting the theft and despite her cries for help, neither the attendant nor the TTE or the Railway Police Force came to her rescue. All this constituted negligence and the Railways had to pay for the consequences, the apex court pointed out.