Rajani K.N. v. Ministry of Railways, Govt. of India; State of Kerala; Director General, Railway Protection Force; Director General of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE ACTING CHIEF JUSTICE MR. MOHAN M.SHANTANAGOUDAR & THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 9TH DAY OF AUGUST 2016/18TH SRAVANA, 1938 WP(C). No.4191 of 2011 (S) --------------------------- ## PETITIONER(S): ----------------------- RAJANI K.N., W/O.RAJESH, AGED 36 YEARS, RESIDING AT "KEERTHANAM", CMC-22, CHERTHALA-688524. BY ADVS.SRI.P.S.APPU SRI.S.KANNAN RESPONDENT(S): ------------------------- 1. MINISTRY OF RAILWAYS, GOVT. OF INDIA, REP. BY ITS SECRETARY, RAIL BHAWAN, CONNAUGHT PLACE, NEW DELHI, DELHI-110001. 2. STATE OF KERALA, REP. BY SECRETARY OF HOME AFFAIRS, THIRUVANANTHAPURAM-695001. 3. DIRECTOR GENERAL, RAILWAY PROTECTION FORCE, RAILWAY BOARD, RAIL BHAWAN, NEW DELHI-110001. 4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695001. R2 & R4 BY SENIOR GOVERNMENT PLEADER SRI.M.ASIF R1 & R3 BY ADV. SRI.C.S.DIAS,SC, RAILWAYS BY ADV. SRI.M.RAVINDRAN(ASG OF INDIA) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-08-2016, ALONG WITH WPC. NO.4370/2011 & CONTD. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No.4191 of 2011 (S) ## APPENDIX PETITIONER'S EXHIBITS:- - P1:- COPIES OF THE NEWS ITEMS WHICH APPEARED ON VARIOUS DATED FROM 2.2.2011 TO 7.2.2011. - P2:- COPY OF THE TABLE SHOWING THE CASES OF IPC OFFENCES REPORTED OVER INDIAN RAILWAYS. ## RESPONDENTS' EXHIBITS:- R1(1):- COPY OF THE LETTER DATED 16.8.2012 ISSUED BY THE CHIEF SECURITY COMMANDER, RPF, CHENNAI. R1(2):- COPY OF THE LETTER DATED 27.8.2012 ISSUED BY THE SENIOR FINANCIAL OFFICER OF THE SOUTHERN RAILWAY CHENNAI. R1(3):- COPY OF THE LETTER DATED 27.9.2012 ISSUED BY THE SUPERINTENDENT OF POLICE (RAILWAYS), THIRUVANANTHAPURAM. R1(4):- COPY OF THE LETTER DATED 26.10.2012 ADDRESSED TO THE CHIEF SECURITY COMMISSIONER (RPF). R1(5):- COPY OF THE LETTER DATED 30.10.2012 ISSUED BY THE STAFF OFFICER TO THE CHIEF SECURITY COMMISSIONE(RPF). R8(A).- COPY OF LETTER NO.A1/9088/11/RL DATED 4.10.2011. R8(B).- COPY OF THE STATEMENT FOR THE PERIOD 1984-85 TO 2002-03. R8(C).- COPY OF THE STATEMENT FOR THE PERIOD FROM 2003-04 TO 2010-2011. R8(D).- COPY OF THE LR. NO.B1/3100/05/RL DATED 6.8.2009. R8(E).- COPY OF THE EXPENDITURE STATEMENT ON RPF. KRJ //TRUE COPY// P.A TO JUDGE ## **MOHAN M.SHANTANAGOUDAR, AG. CJ & THOTTATHIL B.RADHAKRISHNAN, J** = = = = = = = = = = = = = = = = = = = = = = W.P(C) Nos. 4191/2011, 4408/2011, 4370/2011, 4391/2011, 13909/2011, 3743/2012, 5487/2012, 12514/2016 & Cont. Case (C) No.197 of 2011. = = = = = = = = = = = = = = = = = = = = = = Dated this the 9[th] day of August, 2016 ## **JUDGMENT** ## Mohan M.Shantanagoudar, Ag.CJ The petitioners are public spirited citizens. According to them, though repeated directions were issued in Ext.P1 judgment of this Court in **State of Kerala** v. **Govindaswamy** [2014 (1) KLD 596 (DB)] and Ext.P5 judgment of this Court dated 6.9.2005 passed in W.P(C) No.20297 of 2005, railways are having a lukewarm response. Due to lack of political will and institutional apathy coupled with lackadaisical attitude towards implementation of High Court orders, the harassment on women passengers continued unabated. 2. Based on the judgment dated 6.9.2005 passed in W.P(C) No.20297 of 2005, Cont. Case No.197 of 2011 is also filed before this Court and the same is also taken up for final hearing along with these writ petitions. 3. In effect, the petitioners seek directions to the respondents to come out with a comprehensive and practical scheme and package to assure safety, security and protection to women WPC.4191/11 & contd. cases & Cont. Case.197/11 **-:2:-** passengers who travel in ladies compartments in all the trains running not only throughout the State, but during the entire journey. The petitioners also prayed for a direction to the respondents to allot beat police at all stations where passenger trains pass by at night and early morning. The sum and substance of the petitioners' case is that the safety, security and protection of women passengers travelling in the trains are to be safeguarded. 4. Counter affidavit is filed by respondents 1 and 4 to 7 in W.P (C) No.12514 of 2016. The counter affidavit is sworn to by Sarat Chandra Parhi, Chief Security Commissioner of Railway Protection Force, Southern Railway, Chennai. Apart from other factors narrated in the counter affidavit, the deponent has sworn that the following measures have been adopted and implemented, to ensure safety and security of passengers, especially women passengers in trains and railway premises, viz., - (a)Ladies coaches in maximum passenger trains running in Kerala State, are escorted by atleast by one RPF staff/GRP during the night hours. - (b)For the safety of women passenger in Kerala, three R.P.F women Sub Inspectors and 46 R.P.F women Head Constable/Constables have been exclusively deployed. Similarly GRP/Kerala are also deploying women police in ladies compartments and utilizing the service of Kerala Local Police to escort the passenger trains. WPC.4191/11 & contd. cases & Cont. Case.197/11 **-:3:-** - (c)R.P.F women Sub Inspectors and women Head Constables/women Constables are regularly deployed at Stations for the security of lady passengers. - (d)All India Security Help Line No.182 is functioning in all the Divisional Security Control Rooms of R.P.F, to attend to the security related issues/assistance, to ensure the safety and security of passengers. - (e)Efforts have been taken to popularize the R.P.F Help Line No.182 by pasting stickers in all the coaches of the trains and at the conspicuous places of railway stations, to facilitate the passengers to contact RPF personnel for security assistance. - (f)A short film titled “Dial 182” with English subtitle, produced for creating awareness among public about the all India passenger security Help Line No.182, meant to render timely assistance on all security related issues over Indian railways. The above short film is in the social media sites such as Whats APP, Face book, You-Tube, Twitter etc. with more than one crore viewers till date. The full version of the above short film is available in the link https://www.youtube.com/ watch?v=p985raSbL5A. - (g)R.P.F staffs on platform duty are attending to ladies coaches on its arrival/departure at the originating station and attention is given to ladies found on railways alone. - (h)R.P.F staffs on access control duty are sensitizing the women passenger through mega phone and public address system, not to sit near window wearing costly ornaments and beware of chain snatchers. WPC.4191/11 & contd. cases & Cont. Case.197/11 ## **-:4:-** - (i)Video coverage's of general coaches are done at important and affected station to create moral fear among the anti social elements. - (j)CCTVs have been installed at important stations/junctions such as Trivandrum Central, Ernakulam Junction, Calicut under Integrated Security System. In Trichur, Quilon Junction, CCTVs are provided under Non-Integrated Security System to keep watch over the movements of anti-social elements and suspected persons in station premises. Further, 28 railway stations have been identified for installation of video surveillance system plying in the State of Kerala, under “Nirbhaya” scheme and the same will be executed very soon. - (k)R.P.F staffs on train escort duty are provided with CUG mobile phone and walkie-talkie while traveling in the coaches adjacent to the ladies compartment, to provide security to the passengers especially to women passengers. The RPF escorts are attending the ladies compartment during halt of the train in the mid-section/stations. - (l)Officers in the ranks of Inspector, Sub Inspector and Assistant Sub Inspector are nominated for train escort duties for more effectiveness. - (m)Intensive drives are being conducted regularly by RPF against male passengers attempting to travel in ladies coaches etc. During the year 2015, 566 male persons travelling in female compartments were apprehended and prosecuted under relevant provisions of law and 1,258 beggars have been chased out during the year 2015 from trains/railway premises in the State. - (n)R.P.F “Crime Prevention Detection Squads (CPDS)” are functioning in the affected section/trains to prevent theft of passenger belongings WPC.4191/11 & contd. cases & Cont. Case.197/11 **-:5:-** etc. in all the divisions in the Southern Railway, including Trivandrum and Palghat divisions. - (o)In en-route, R.P.F staffs on platform duty are attending to the train formation, especially women coaches to provide safety and security to the passengers and to prevent crime against passengers. - (p)Various awareness campaigns are being conducted outside the railway stations also, to facilitate the women to call R.P.F, in case of security related issues. In a mega awareness programme on “women passenger security” and enrolling of women/girl students aiming women security over railways at N.S.S College for women organized at Trivandrum in which about 1500 college girl students including teaching and non-teaching staffs have participated. During the programme, awareness pamphlets printed in Malayalam and English were issued to the participants, while they are travelling in trains/in railway premises etc. - (q)Awareness campaigns are conducted to educate the passengers about the menace of drugging, theft of passenger belongings, robber etc. and to take precautions to prevent such crime. - (r)A scheme, “Wish you a Happy Journey” has been launched by GRP/Kerala to facilitate the passengers, especially women passengers to lodge their complaint in trains without breaking their journey.” 5. Learned counsel appearing on behalf of the petitioners submit that the afore-mentioned steps as are stated to have been implemented by railways are satisfactory. However, the petitioners WPC.4191/11 & contd. cases & Cont. Case.197/11 **-:6:-** insist that additional railway protection force shall be provided in order to safeguard the safety and security of the women passengers not only during night time, early hours, but also during day time. It is also contended by the petitioners that the ladies compartments which are generally fixed at the end of the train need to be shifted to the middle of the train so as to have adequate safety and security for the helpless ladies travelling in it. 6. We accept the submissions made at the bar on behalf of the petitioners that the afore-mentioned two measures need to be taken at an early date. There cannot be any dispute that in case if the strength of the railway protection force is increased, the safety of the lady passengers can be maintained more effectively. So also in case the ladies compartments are fixed in the middle of the train, that will ensure additional security for the lady passengers. 7. However, the learned advocate appearing for the railways submits that there is some practical difficulty in fixing the ladies compartments in the middle of the train in as much as there is every likelihood that the male passengers as well as the hawkers and the persons working in the pantry will have to walk through the ladies compartments, in which event there will be no privacy for the WPC.4191/11 & contd. cases & Cont. Case.197/11 **-:7:-** lady passengers. Therefore, the said subject has to be looked into by the experts in the field i.e. the concerned authorities of Department of Railways. Be that as it may, since we are satisfied with the arrangements already made as mentioned supra and as we hope and trust that the afore-mentioned measures which are stated to have adopted and implemented should be adhered to for all time to come, we dispose of the writ petitions and the contempt case with the afore-mentioned observations. We also hope, that the Railways will make endeavour to improve further, on the measures mentioned supra. Sd/- Mohan M. Shantanagoudar Acting Chief Justice Sd/Thottathil B. Radhakrishnan Judge krj.10/8/16