Order-22.

Date-03/02/2016.

In this complaint Complainant Krishna Das by filing this complaint has submitted that complainant and her 18 years daughter Supriya Das with some relative women intended to go to Tarakeswar Shiv Mandir so, they boarded the Down Katwa – Bandel Train in the Ladies compartment on 24.05.2013 from Sumudragar Station by purchasing local ticket.After entering into the ladies camra, complainant kept her bamboo bunck dressed with flowers at banker and there a drunken male hawker seated on the ladies seat keeping his empty sweet dish on the bunck.

The said drunken hawker after observing the dressed bamboo bunck of complainant made abuses against them and tried to harass the complainant and her relatives.Other male hawkers and passengers watched the matter and at last two male hawkers took away the drunken male hawker from attack to the complainant and made some discussions among themselves and also phoned to other.No sooner the said local train reached at Behula Railway Station then many hawkers entered into the said ladies compartment where complainant and her daughter and other relatives were boarded and according to the said drunken hawker, other angry hawkers by force snatched her and fell down from the seat and after reaching the train at Somrabazar Station, those said hawkers forcefully pulled down the complainant from the said local train and beat the complainant and her daughter abruptly with iron rod, bamboo stick, knife and also hurt the complainant with legs, hands at random.As a result complainant’s head was injured badly and also her daughter faced that torture and the angry hawkers made her daughternaked.At last complainant became faint after observing the inhuman activities of the hawkers against her daughter.

At last complainant when became sensible went to the Station Master of Somrabazar with blood oozing head and prayed their help but as like a dog they drove her and then by a up local train went to AmbikaKalna Station and the GRPS duty officer took complainant’s complaint and admitted her to Kalna Govt. Hospital where the GRPS Officers visited to watch the condition of the complainant and in Emergency Ward doctor stitched her head with 8 stiches and due to bad condition doctor referred the complainant to Burdwan Medical College and advised her to make a scan of head immediately.

This notorious incident was broadcasted by many Bengali news channel and also the inhuman condition of the complainant on the said date also the matter was published in daily newspaper.Complainant also surprised to see that Kalna GRPS Officer pushed away the hawker gundas by the back door from the office in front of complainant and by threatening the said officer compelled my daughter to make the FIR (FIR No. 09/2013 dated 24.05.2013) according to the officer’s intention and thus the said officer tried to save the hawker gundas.

Complainant further made a complaint by a letter to SRP Howrah, Govt. Railway Police (New Complex) on 31.05.2013 but till now no step has been taken from their side.On 17.06.2013 the office of Katwa GRPS called the complainant and there complainant elaborately narrated the notorious incident with her injured head.The said Katwa GRPS Officer assured her to take strong and proper step against hawker gundas but till now no result has yet been received by the complainant.

In such circumstances, complainant lodged a complaint before this Forum for getting proper redressal and also prayed for compensation, litigation cost etc.

On the other hand op no.1The General Manager, Eastern Railway by filing written objection submitted that the deficiency of service on the part of the Eastern Railway by any stretch of imagination cannot be extended upto the protection of individual by the Railway Protection Force (RPF) in any unforeseen criminal activity by the hawkers travelling in the train and op no.1 has no relation to that affairs of the RPF personnel and RPF’s primary duty is to protect the Railway Property from damage, theft etc.

Op no.1 also submitted that there was no report from op no.2 that any disciplinary proceeding had been initiated against the RPF personnel for dereliction of duty so as to presume that it was the duty and obligation case upon the RPF to protect any individual from any unforeseen incident.On the contrary the recording of FIR, preparation of seizure list etc. showed that the official duties are presumed to be done in accordance with the law.

Op no.1 further submitted that the train service in which the complainant availed of, there was no deficiency in service and op no.1 ensured uninterrupted train service and also maintained the timing but not unforeseen circumstances.Complainant had ample scope u/s 357 CrPC to claim compensation and also u/s 357A of CrPC.Complainant suppressed as to whether any compensation has been awarded by the Criminal Court where the matter is sub judice or what is the fate of the case.

That the documents annexed with this complaint is denied and more specifically the tickets appeared to be not from legitimate origin and it also reflected that both of them were fraudulently travelling without proper ticket or pass and the newspaper cutting appended in the complaint by the complainant for the claim compensation related to the occurrence of the alleged incident has not to be taken into consideration because it is no evidence as per the Evidence Act.The incident narrated by the complainant is concocted story and complainant made a false claim for compensation which is punishable u/s 148/149 of the Railways Act 1989.So, this complaint should be dismissed.

Decisions with reasons

On an in depth study of the complaint and written version and also the argument as advanced by the Ld. Lawyers of both the parties, we have gathered that the Eastern Railway Authority has tried to say that the tickets and the prima facie appears not from legitimate origin, but complainants were fraudulently travelled without proper tickets or pass and further submitted that there is a criminal case which is pending and there is no whisper whether any compensation is awarded by the Criminal Court or not and they have claimed that there is no deficiency of service but except this about the incident etc. they are very much silent and has also not anyway denied the fact as alleged in the complaint about the sustaining of serious injuries caused by the hawkers who got down the complainant from train and assaulted in the platform, misbehaved and op Railway Authority has tried to say that it is impossible for the RPF to give protection to the individual railway passenger from the hands of the hawkers travelling in the train.

Considering the written statement, it is clear that ops have not denied about the allegation of the complainant that she was travelling by train on 24.05.2013 as devotee of LORD SHIVA to offer water on HIS Head to complete their fasting and she availed of the train at Sumudragar Station to go to Bandel and for that purpose they took their seats in the ladies’ compartment and in fact the complainant and other co-partners were carrying bamboo sticks dressed with flowers etc. and those were kept in the bunker of the said ladies’ camra when one hawker entered into the said camra being intoxicated and was abusing them.

Thereafter quarrel was picked up when that hawker began to assult them at that time two other hawkers standing by the side of the gate of the Ladies’ Camra were enjoying and they somehow removed the hawker from that place.Thereafter said three hawkers began to consult each other and therefrom that hawker began to talk with someother person over phone and when the said train stopped at Behula Station, someother hawkers entered into the said camra and asked that hawker what happened and after hearing something from that hawker, all the hawkers forcibly brought down the complainant and her co-partners and dragged them to the entry of the gate and when someother passengers and her daughter tried to save complainant, they were also assaulted and they also threatened them to push them out of the camra and thereafter detained them and when the train entered into Somrabazar Station, complainant and her daughter were forcibly brought down by the said hawkers and they assaulted by iron rod, vejali, bamboo stick and slashed legs, feet and they were also made naked and complainant sustained bleeding injury and at Somrabazar Station the hawkers created tandob.

But peculiar fact is that Station Master, GRPS, Constables etc. only enjoyed the same and fact remains the daughter of the complainant was forced to move around the station without any dress when the complainant was completely senseless.Thereafter on return of her sense, she went to Station Master and prayed for help, but they drove them away.In the meantime up Howrah-Katwa Local train came and complainant went to Ambika-Kalna Station and at Ambika-Kalna Station GRPS Office entered and reported them and note down their report of oral statement when her husband appeared and she was hospitalized and her head was stitched with 8 stiches and in the Hospital saline was given and thereafter the condition of the complainant became serious for which she was referred to Burdwan Medical College & Hospital.

But the entire fact has not been denied by the Railway Authority the present op.No doubt the entire matter was circulated through TV Channels and also it was circulated to different newspapers on the next day.Truth is that the incident took place and the Railway Authority op tried to convince that they have their no responsibility and it is impossible for the Railway Authority to give personal protection to each passenger by their RPF or GRPS etc.

But peculiar fact is that the complainant and her daughter were in the Ladies’ Compartment of the train of ops.No doubt they were assaulted and sustained serious injuries, matter was reported by her at Somrabazar Station Master but that was not entertained.Thereafter it was reported to Ambika-Kalna Station Master/GRPS and the case is under investigation.But question is under what circumstances in the Ladies’ Compartment the hawkers can assault, outraged the modesty of the passengers when the status of the passengers were devotees of Lord Shiva.

So, apparently the safety and security of the passenger, particularly the complainant and her daughter were at stake and fact remains that they were assaulted by the hawkers.Now question is whether there was liability on the part of the Railway Authority but at the time of advancement of the argument, the Ld. Lawyer for the op submitted that no doubt GRPS/Kalna registered a case vide Case No. 09/2013, dated 24.05.2013 u/s 341/304/506/323/325/34 IPC, enquired the matter and thereafter arrested two male persons namely – Bablu Das and Santu Rai and also they were trying to obtain against other absconder namely Noni Gopal Das etc. and admittedly the GRPS/Kalna submitted charge sheet before the Hon’ble Court vide C/S No. 05/13, dated 11.07.2013, u/s 341/504/506/323/509/34 IPC and no doubt the said incident took place in the Ladies’ compartment of down EMU local from Sumudragarh R/S for going to TarkeshwarMandir with Bamboo Curvature and admitted position is that the complainant was proceeding to Tarakeshwar for offering water on the head of Lord Shiva to complete their fasting and from the police report it is clear that thereafter one hawker kept his luggage on the said banker where the bamboo curvature was kept by the complainant and quarrel was picked up and the hawker abused them, dragged them and thereafter on the next station they were assaulted and they were removed to Somrabazar Station.No doubt they were assaulted severely and this fact has not been denied by the Railway Authority but admitted that the incident took place.But only their argument is that it is impossible for the RPF to give protection to each passenger.

          In this regard we have gathered that the particular camra is meant for ladies what the complainant availed of the said camra.  But peculiar factor is that in the said camra hawkers entered, assaulted the ladies the complainant and her daughter and brought them down, assaulted them on the platform but the RPF, GRPS, Station Master of Somrabazar did not pay any heed.  It is no doubt negligent and deficient manner of service on the part of the Railway Authority.  Not only that as per provision of law and as per rules and regulations of the Indian Railways, it is the prime duty on the part of the Railway Authority to give all sorts of safety and protection to the passengers when passengersare availing of any train and enjoying any travel with proper ticket and in this case it is proved that as the passengers like complainant were assaulted and their modesty were outraged in presence of police, GRPS, RPF and Ticket Checker also.

          But in view of the Director of the Safety and Protection Railway, we find that the Director of Railway Protection Force as per direction of the Railway Board instructed all the Station Masters and Railway Protection Force to give proper protection to each passenger particularly in the ladies compartment.

          But unbearable factor is that in this case in the ladies camra, ladies were assaulted, they were brought down by the hawkers.  But op in this case the Railway Authority discharged their liabilities stating that it is impossible for the Railway Authority to give protection to each and every passenger and considering the argument of the Ld. Lawyer of the op, we are convinced to hold that it is the expression of the Railway Authority that it is not their duty to give protection to the ladies compartment and they have not denied about the fact as alleged in the complaint.  But only their defence is police has taken step and complainant shall have to get a compensation from the Criminal Court.  Probably the op Railway Authority does not know that Criminal Court cannot give any compensation in such sort of cases.  But it is admitted position that the present complainant was the passenger of the said train, they were assaulted on different occasions and brought down from the Railway compartment by the hawkers in presence of the TTE, RPF and GRPS.

          It is no doubt an offence when rendering of service by the Railway Authority for safety and security of the ladies is legal responsibilitybut that had not been discharged rather Railway Authority surrendered by raising their hands that it is impossible to give them protection.  Then it is true beyond any manner of doubt that ladies compartment is not safe, though it is tagged with each and every train.The Railway Authorities are here and there to sell their tickets to the passengers and to run trains but about safety, they have nothing to do.  Then what is the necessity of Director General of Railway Protection Force and what is the necessity of Railway Board who cannot give protection to the passengers, particularly in the ladies compartment also.

          Peculiar factor is that the particular incident was ventilated very seriously in so many newspapers and on that very date TV Channels exposed the same and the entire picture was given how this lady was assaulted and how they were placed in a naked condition and how they were forced to move in the Railway station.  But even then though such a barbarous act was done by the hawkers, Railway Authority did not investigate the same because railway staff, officers, RPF, Station Master, TTs enjoy as and when they need any tea, coffee, etc. as they get it at free of cost and it is common picture of the Rail.  RPF, GRPS to take some amount from that hawkers who have their no hawking license granted by the Railway Authority and in fact due to hawker raj, passengers are facing much convenience that has been reported in so many cases, but Railway Authority is silent in view of the fact that railway staff, station master, the other staff get all sorts of snacks, tea at free of cost and it is their daily demand from the hawkers and by giving such gift, unauthorized and unlicensed hawkers are running in the running trains and harassing the passengers and at the same time they are assaulting, outraging their modesty and also abusing the passengers and Railway Authority including the Regional Manager of different Railways are very silent that means under the umbrella of the Railway Authority those hawkers are continuing their hawking, they are assaulting the passengers, and in this regard Railway Authority is silent because if the hawkers are removed from the railway station and the running rail compartment, in that case, they shall have to pay for taking tea, snacks, cakes, muri-chanachur etc. and in the present case the op is silent about their negligent and deficient manner of service on the ground that they were obliging the hawkers for getting tiffin etc. and also gift from the hawkers and that is the daily picture of the Railway Authority, even the street dogs also observe that GRPS, RPF, Constables are taking tea, taking snacks, taking food etc. from the hawkers without any payment as of their right.  They are entitled to get it because they are permitting the unauthorized hawkers at random in the running train and for which hawkers are duty bound to give it at free of cost to them.

          This is the truthful picture even the Railway Board cannot deny it and in the present case within the eye of the Railway Authority, the incident took place and about the incident, op has not denied as there is no scope to deny it in view of the fact after starting of the case by Ambika-Kalna P.S., the Charge sheet has been submitted against four persons and from the very fact of the said charge sheet, it is clear that in ladies camra, the present complainant and others were attacked, assaulted and their modesty were outraged and they were practically made naked and forced to move within the SomrabazarStation.  Police, RPF, GRPS are there, but they were observing and enjoying it because they enjoy daily the food, tea, coffee etc. from the hawkers at free of cost.  This is the position and manner of giving safety and security to the passengers by the Railway Administration as they are admirer of hawkers raj.

          Considering the entire fact, particularly the defence of the op and the chargesheet submitted by the GRPS and also to several newspapers cutting, we are convinced to hold that no safety and security is here and there in the Railway running camras, not even in the ladies camra, because hawker raj is maintained by the Railway Authority.  Hawkers are their friend for getting food stuff, tea, coffee, biscuits, muri-chanachur etc. daily at free of cost.

          So, they are very blind if hawker assaulted the passenger, misbehaved the passenger.  Particularly in the present case after considering the materials we are confirmed and convinced that the incident took place and those ladies are valid passengers of the railway in the ladies compartment and they were assaulted by the hawkers, thereafter they are dragged out at Somrabazar Station where they were severely assaulted and no doubt this complainant sustained serious injury on her head for which eight stitches are made in her head and thereafter she referred to Burdwan Medical College & Hospital and that is the fact.

          Now the question is that how and when under any circumstances hawker got such power to assault the complainant who are unauthorized hawkers, why Railway Authority did not take any step at Somrabazar Station, that means Railway Authority have their no morality and no corporate responsibility and they have their no duty to give any protection to the passengers that means they are very much negligent and deficient in discharging their duties and to give proper protection to the passengers also and not only that, they are not willing to stop this notorious activities in the ladies compartment.  Their police, RPF, TTs, Station Master are there, but they are all appointed for the purpose of getting dolls from the hawkers and to take bribe from the ticketless passengers.  Dishonestyis at random in the Railway Administration which is proved in this case and about safety and security, Railway Board has instructed all the station masters, Regional Railway Managers etc. but they are not very much honest to implement it for their own daily interest.

          Peculiar fact is that in several conference Regional Railway Managers address before the public that they are very much dedicated to serve the Railway Administration, they are always trying to improve the passengers’ facilities and they are engaged to save the Railway Industry and they are also very much cordial to the passenger to give all sorts of safety and protection.  But all those addresses are nothing but daily Bani to the passengers, but not a reality.  Same are all hoax expression, their placards on the station to that effect are only paper pasted not for implementation which is proved in this case.

          Further from the defence of the op, we are convinced that the Railway Authority lost their moral values and human values, they have their no desire to give safety to women, and they have their no respect to the women.  But they are very much dedicating to give all sorts of help to unauthorized, notorious hawkers and only to get their daily breakfast and other gifts at free of cost.

          It is not the expression of this Forum but it is the expression of crores of passengers.  In this context after studying the Railway Administration of Japan, China, America, England, Switjerland, Netharland and some other countries, we have learnt that in running rail, there is no hawker, only in India, hawker raj is not controlled by the Railway Authority.  Smoking has been prohibited and invariably in the running train that has been controlled.  Then why the Railway Authorityis reluctant to ban the hawkers in the running train for smooth and safe journey of the passengers.

          Then it is clear that 90 percent railway staff or RPF are not willing to ban hawker, if hawkers are banned, in that case the railway staff, RPF shall have to spend money for purchasing the food stuff, tea, etc.  The whole situation can be controlled if Railway Board immediately ban hawking in the train.  But they have their no desire.  But already after Independence 66 years have already passed but hawking has not been banned.  Hawkers are not banned in the Railway. How long without banning hawker, the Railway Authority shall have to say about protection and safety of the passengers.  What we have gathered that passengers have their patience, they have their morality for which till today Railway Administration is being run smoothly.  But if passengers revolt in that case hawkers shall be banned and same is highly required for safety and security of the passengers.

          But we have gathered from this case that the entire Railway Authority are not giving any safety and security to the passengers, not even in the ladies compartment which is evident from the fact that in Matribhumi Local train horrible incident took place.  Even then Railway Authority remained silent taking no step only for few days some agitation was made and thereafter it was sub-sided.

          But fact remains that such a matter ought to have been taken as a serious matter by the Railway Authority and to give some protection but nothing was done.  Then in such a situation how the op Railway Authority by appearing before this Forum tried to convince that they have nothing to do and they discharged their duty properly having their no deficiency and negligence when their negligence and deficiency is proved beyond any manner of doubt because they have failed to give proper protection and they have also failed to give any security to the passengers in the ladies’ compartment.  But they have given all protection to unauthorized hawkers and anti-social hawkers.

          On proper evaluation of the entire materials on record and particularly blunt defence of the op and also relying upon the above findings, we are inclined to hold that bona fide lady passenger was assaulted mercilessly by the hawkers in the Rail camra and also at Somrabazar Station platform and they were brought down from the camra in presence of RPF, GRPS, Station Master, TTE etc.  But no protection was given to the passenger, but all support was there on the part of the Railway Administration in favour of the Hawkers who are their daily friends because they provided tiffin, tea etc. at free of cost and some other gifts and in this case it is proved beyond any manner of doubt in running train, the lady was assaulted in Ladies camra that means ladies are also not safe in the hands of the Railway Administration.

          Then question is for what reason RPF, GRPS etc. are maintained, when in the present case ops have not done anything to protect the lady and they are not in a position to give protection to the passengers and relying upon the argument of the Ld. Lawyer of the op, we are shocked in view of the fact that Ld. Lawyer on behalf of the Railway Administration submitted that there was no negligence and deficiency on the part of the op and if this is the argument of the Ld. Lawyer of the ops, then it can safely be said that op Railway Authority admitted the entire incident.  But they are not in a mood to discharge their responsibility and duties to protect the women in the ladies compartment in a running train.

          Then it is clear that the Railway Administration has lost its corporate responsibilities, morality and human sense also and fact remains for the laches, negligence and deficiency and for not giving any protection in the ladies compartment, the present lady complainant was mercilessly and severely assaulted and injured by the unauthorized hawkers.  But Railway Administration has not taken any step, not even the GRPS, RPF, Station Master etc.  If Ambika-Kalna GRPS suppressed the complaint of the complainant, in that case complainant shall be thrown into the dustbin by this Forum for want of any evidence.  But anyhow Ambika-Kalna GRPS submitted charge sheet against 4 persons buttheyare bail and again they are hawking with the help of GRPS, RPF, TT and Railway Administration which perforce compelled us to come to a conclusion that antisocial hawkers are protected by the Railway Administration and they shall get all the benefits from the Railway Administration for their own benefit of the staff, employees of Railway Administration, GRPS, RPF and other. 

          In view of the above findings, we are concluding that the complainant has been able to prove the negligence and deficiency and unmannerly behavior of the Railway Administration and their staff, GRPS, RPF and no security and safety was given to the present complaint in such a horrible situation in the ladies compartment.

          In the result, this complaint succeeds.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against the ops.

          Ops are jointly and severally hereby directed to pay compensation of Rs. 50,000/- to the complainant for not giving proper security and safety in the ladies compartment in a running train and also for their deficient and negligent manner of service and further for sustaining such severe injuries by the complainant and other for the laches of the Railway Administration.

          Ops jointly and severally are hereby directed to pay the entire decretal amount i.e. total Rs. 60,000/- (Rs. 50,000/- as compensation and Rs. 10,000/- as litigation cost) within one month from the date of this order, failing which for non-compliance of Forum’s order and for further harassment to the complainant, ops jointly and severally shall have to pay penal damages  at the rate of Rs.2,000/- per month till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

          Even if ops are found reluctant to comply this order, in that case ops shall be prosecuted u/s 25 read with section 27 of C.P. Act, 1986 for which further penalty and fine shall be imposed upon ops.