‘Passengers carried like cattle’: HC expresses concern over Mumbai suburban railway’s high death rate

The bench also comprising Justice Amit Borkar said it would consider setting up a committee of commissioners and experts to suggest measures to meet challenges faced by the daily occurrence of deaths in the suburban railway system.

As per petitioner, over 2,000 deaths take place every year in such accidents within the suburban railway system in Mumbai. Advocates Rohan Shah and Surabhi Prabhudesai, appearing for the petitioner, added that though there was a phenomenal growth in the number of local train passengers in the past few years, infrastructure remained the same and inadequate. In many situations, deaths are disowned by authorities by terming them to be caused by “untoward incidents”, he added.

“It is almost a daily affair that newspapers carry reports of deaths of humans falling from running trains or being hit by a moving train while crossing railway tracks on the station itself… The issue raised in this petition needs urgent attention by all concerned, specially authorities at the higher level of the railway administration, including the member concerned in the Railway Board and principal chief security commissioners in zonal railways including Western and Central Railways,” the bench said in its order.

The bench directed higher-level officers nominated by the zonal general managers to file affidavits in reply within six weeks.

‘Don’t depend on court directions to save lives’

When the Western Railway’s lawyer submitted that the railway had been implementing earlier orders of the high court in related matters, Chief Justice Upadhyaya orally asked if everything had been done as per past orders. “Have you been able to stop the deaths of passengers falling from running trains… It is your duty and responsibility. You should not depend on court directions to save the lives of people,” he remarked orally.

Chief Justice Upadhyaya went on to say, “Whether those (court) directions were sufficient? Would that be the end of the matter and can it check death rates? A large number of commuters (over 30 lakh per day on Western Railways) cannot be a refuge and you cannot be happy about it or use it as a refuge. You have to change your attitude and mindset. A very serious issue has been flagged in the PIL and therefore you have to address it. These excuses are not available to you. You carry human passengers like cattle.”

Chief Justice Upadhyaya said that “a very robust system” is required to keep the accidents in check. “I feel ashamed of the manner in which local train passengers are made to commute. You (railway officials) need to give a certain kind of commitment. Only then you can alleviate the situation,” he added.

He also said the authorities should aim to reduce the fatality rate to the minimum like in cities such as London.

Seeking Additional Solicitor-General Devang Vyas’s presence during the next hearing on behalf of the Centre and the Railways, the bench posted the matter for hearing after eight weeks.