On Wednesday(26th June), The Bombay High Court expressed shame over commuters traveling in overcrowded local trains, calling it a serious issue following numerous commuter deaths. It plans to hold top railway officials accountable for the dire situation in Mumbai.
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MUMBAI: The Bombay High Court on Wednesday(26th June), addressed the “very very serious” issue of fatalities due to falls from trains, remarking-
“You carry people like cattle.”
The court highlighted the urgency of the matter, declaring that it would hold the highest level officers accountable for the dire situation in Mumbai.
“A very serious issue has been raised in the PIL, and therefore it must be addressed. You cannot cite the large number of people in the city as an excuse for inaction. The way commuters are transported is akin to cattle; we feel ashamed. A well-considered response is expected.”
– stated a bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar.
The bench was hearing a Public Interest Litigation (PIL) filed by Yatin Jadhav, which highlighted the alarming number of fatalities among commuters using the Mumbai suburban railway system, the second busiest in the world after Tokyo. The PIL brought to light the increasing deaths and injuries sustained by passengers.
Petitioner’s advocates Rohan Shah and Surabhi Prabhudesai referenced a report from the Free Press Journal dated January 10, quoting a Government Railway Police (GRP) report. The report revealed that in 2023 alone, 2,590 commuters lost their lives on the suburban trains, averaging seven fatalities per day, with an additional 2,441 injuries. Of these, 1,650 fatalities occurred on the Central Railway and 940 on the Western Railway.
The advocates identified three primary causes of these fatalities: crossing railway tracks, falling from trains, and falling between the gaps in trains and platforms. Highlighting the disparity in fatality rates, the petition compared Mumbai’s annual fatality rate of 33.8% per lakh passengers to 3.66% in New York, 1.45% in Paris, and 1.43% in London. The petition further underscored that even the Indian Army loses 1,400 personnel annually in active duty.
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Shah argued-
“Commutes to college or work via suburban trains are increasingly hazardous, akin to a war zone.”
Adding to the gravity of the situation, the Railways categorized these fatalities as “deaths due to untoward incidents,” attributing them to the negligence of travelers or trespassers.
“If a commuter survives, the tribunal offers no compensation, citing contributory negligence.”
-Shah remarked, noting that many commuters are compelled to cross tracks due to inadequate infrastructure.
The plea stressed that the problem is worsening, with infrastructure expanding at a rate of 8% while the number of users has surged by 85%.
Representing the Western Railways, Suresh Kumar informed the court of measures being taken, including erecting barricades between tracks and constructing two to three foot-over-bridges at each station. Kumar asserted that they had implemented the High Court’s previous directives from an earlier similar PIL.
In response, the bench questioned the efficacy of these measures:
“Relying solely on directives to save lives isn’t sufficient. While acknowledging your adherence to these directives, the critical question remains: Have these measures effectively prevented deaths? Have you succeeded in reducing or stopping fatalities?”
In a recent hearing, the High Court of Mumbai expressed strong dissatisfaction with the current state of the suburban railway system and the alarming number of deaths occurring on the tracks. The court’s remarks and directives came during the hearing of a Public Interest Litigation (PIL) that calls for immediate action to address these fatalities and improve the overall infrastructure.
During the hearing, Kumar emphasized that the Railways are operating at maximum capacity, with trains running every 2-3 minutes during peak hours. In response, the bench clarified that it was not suggesting an increase in the number of trains or their capacity. However, it stressed the necessity of finding a viable solution to the issue.
“This time, we will hold the highest-level officers accountable. The situation in Mumbai is deplorable.”
– the bench remarked sternly.
It further criticized the Railways’ complacency by stating-
“You (Railways) cannot take pride in commuting 35 lakh people daily. Simply citing Mumbai’s population size is not a justification for your performance. You must change your mindset. Your officers should not be content merely with transporting such a large number of commuters.”
In its detailed order, the court underscored the necessity of adopting innovative technological tools to reduce the high rate of human deaths on the suburban train tracks. It also emphasized the urgent need to upgrade the infrastructure of the Mumbai suburban train system, which is notably old and in many instances, has already outlived its intended lifespan.
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The High Court directed the General Managers (GM) of both the Western and Central Railways to “look into the entire issue” and to file affidavits within six weeks. These affidavits must be “personally vetted” by the GMs and should “Identify the measures currently available and in effect to prevent such mishaps.” The court also mentioned the possibility of setting up a committee or a body of experts to conduct a high-level study on measures to prevent these deaths.
The High Court has instructed the additional solicitor general, Devang Vyas, to assist in the matter. The court has scheduled the next hearing for the PIL after eight weeks, by which time it expects significant progress and detailed plans from the Railways.
