Delhi High Court: In a case wherein a writ petition had been filed as a Public Interest Litigation under Article 226 of the Constitution by the petitioner, who was a practicing advocate in the Delhi High Court, wherein he prayed for directing the respondents to provide safety and security measures at every railway station in India, the Division Bench of Satish Chandra Sharma, C.J.*, and Saurabh Banerjee, J., opined that the measures undertaken by the Indian Railways clearly reflected that the safety and security of passengers was of paramount importance to the Railways, and they had been taking all necessary safeguards to ensure that there was no breach in respect of safety and security of passengers. The Court directed that the respondents should ensure that there was a periodic audit in respect of the safety and security measures in the Indian Railways.
Background
The petitioner had shown grave concern in respect of safety measures at Railway Stations and had highlighted lack of anti-collusion devices, lack of alcohol checking devices, lack of emergency telephones, lack of CCTV cameras, lack of luggage scanning devices, lack of metal detector doors and handheld metal detectors. The petitioner had referred to certain accidents which took place in different Railway Stations in the past and had also filed information obtained through an RTI under the Right to Information Act, 2005 in respect of the aforesaid issues. The petitioner’s contention was that the State/Indian Railways (‘respondents’) were duty bound to secure the right of security of every individual in the country and the respondents’ authorities had failed to provide the required safety and security measures.
Analysis, Law, and Decision
The Court noted that the following measures were being undertaken by the respondents:
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The Indian Railways had installed CCTV cameras at stations, luggage scanning devices, door frame metal detectors, handheld metal detector, body worn cameras and dogs (Sniffer and Tracker) had also been posted at the Railway Stations.
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An All-India Helpline Number 139 was used for assistance to any complaints/security assistance and the Railway Protection Force Twitter Handle was available for passengers for any complaints and security assistance.
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Operation “Meri Saheli” had been set up to ensure safety and security to women passengers especially to the ones who were travelling alone in addition to providing child helpline and Anti-Trafficking Units at stations for maintaining and providing security to the passengers travelling through Railways. The Indian Railways was also conducting regular awareness programs for passengers travelling through railways.
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The Indian Railways had undertaken the work of providing CCTV cameras at all the 6124 railway stations and the work was also in progress at another 257 stations and it had been stated that all the railway stations in the country would have CCTV cameras.
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In respect of alcohol checking devices, action was being taken in respect of drunkenness or nuisance under Section 145 of the Railway Act, 1989 and till July 2022 itself as many as 42,086 persons had been prosecuted therein.
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The Railways Protection Force and Government Railway Police were escorting 3200 trains per day for a safe and secure journey of passengers. Moreover, 245 Luggage Scanning Devices/BSM were installed on railway stations’ platform entry points, and the Railways installed 977 Door Frame Metal Detectors at stations and 4846 Handheld Detectors at various Railway Stations.
The Court opined that all the aforesaid clearly reflected that the safety and security of passengers was of paramount importance to the Railways, and they had been taking all necessary safeguards to ensure that there was no breach in respect of safety and security of passengers. The affidavit revealed that Railways had presently installed CCTV Cameras, luggage scanning devices, door fame metal detectors, handheld metal detectors, body worn cameras and dogs (Sniffer and Tracker), automatic train protection system, etc.
The Court directed that the respondents should ensure that there was a periodic audit in respect of the safety and security measures in the Indian Railways and after conducting periodic audit and assessing the situation, the Government of India should ensure maintenance of highest standards of safety and security at Railway Stations all over the country. Thus, the Court disposed of the present petition.
[Kush Kalra v. Union of India, 2023 SCC OnLine Del 4370, decided on 27-7-2023]
*Judgment authored by: Chief Justice Satish Chandra Sharma
Advocates who appeared in this case :
For the Petitioner: Kush Sharma, Advocate;
For the Respondents: Arunima Dwivedi, CGSC.
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