The PIL, which seeks the implementation of the ‘Kavach’ scheme, also calls for the establishment of an expert commission.
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In a significant move towards enhancing railway safety in India, the Supreme Court has called for the Central Government’s response regarding the implementation of the ‘Kavach’ scheme, aimed at preventing train accidents. The hearing, led by a Division Bench comprising Justices Surya Kant and KV Viswanathan, focused on a public interest litigation (PIL) filed by Advocate Vishal Tiwari. The court directed Tiwari to provide a copy of the petition to the office of Attorney General R Venkataramani within two days.
The Bench stated, “Learned Attorney General shall apprise the court on the next date of hearing with respect to the protective measures implemented, or proposed to be implemented, by the government of India, including the Kavach scheme.”
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During the proceedings, Justice Surya Kant inquired about the financial implications of implementing the Kavach scheme on a national scale, highlighting the potential cost burden on passengers. In response, Tiwari emphasized that the government’s numerous programs should not hinder the prioritization of public safety.
The PIL, which seeks the implementation of the ‘Kavach’ scheme, also calls for the establishment of an expert commission. This commission, proposed to be headed by a retired Supreme Court judge and comprising technical members, would analyze current risks and safety parameters in the railway system and recommend necessary modifications.
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Furthermore, the petition urges the formation of an enquiry commission to investigate the Odisha Train Accident that occurred on June 2, 2023. The petitioner attributes the accident, which resulted in significant loss of life and property damage, to the negligence of government authorities and their failure to protect the fundamental rights of Indian citizens.
The PIL argues for judicial intervention to “mitigate further consequences” and references an advisory letter sent in 2023 by the Principle Chief Operations Manager (Southern Railways) to the government. This letter, which highlighted flaws in the signaling system of the SWR Zone, was allegedly not taken seriously by the authorities.
‘Kavach’, an indigenous Automatic Train Protection (ATP) System, was announced in the 2022 Union budget as part of the Atmanirbhar Bharat initiative. It is designed to automatically halt a train if it detects another train on the same line within a specified distance, particularly useful if a locomotive pilot ignores signals, over-speeds, or in adverse weather conditions.
This case, titled “Vishal Tiwari v. Union of India & Anr. Diary No. 23592/2023″, represents a critical step towards addressing the long-standing issue of train safety in India. The Supreme Court’s intervention underscores the urgency of implementing effective safety measures in the Indian Railways, a vital component of the country’s infrastructure.