The Delhi High Court has delivered a landmark ruling affirming that Indian Railways cannot escape its liability for the safety of valid passengers, even in cases where crimes are committed by third parties. The court upheld a directive from the National Human Rights Commission (NHRC) ordering the Railways to pay a compensation of Rs 3 lakh to a woman who was a victim of a gangrape while traveling on a passenger train.
- The incident occurred on August 27, 2012, at a railway station in Bihar.
- The victim’s father filed a formal complaint with the NHRC on March 9, 2013.
- The NHRC initially directed the Railway Board Chairman to provide Rs 3 lakh in compensation.
- The Delhi High Court rejected the Railways’ plea that it was not liable for such incidents.
Legal Battle and Court Observations
Following the 2012 incident, the Railways had attempted to evade responsibility by arguing that the incident did not fall under the definition of an ‘untoward incident’ as per the Railway Act. The transport giant further contended that only the Railway Claims Tribunal possessed the legal authority to decide on compensation matters. The Railways maintained that they should not be held liable for criminal acts perpetrated by external individuals within the train premises.
However, the Delhi High Court dismissed these arguments firmly. The court clarified that such heinous crimes undoubtedly fall under the scope of ‘untoward incidents’, and the Railways holds a primary duty to ensure the security of those who purchase tickets and board their trains. In a strong rebuke, the court noted that the National Human Rights Commission (NHRC) is not a ‘toothless tiger’ and its directives regarding human rights violations must be respected and implemented by public authorities.
This judgment serves as a significant reminder that passenger safety remains the paramount responsibility of the Indian Railways. By upholding the compensation order, the court has reinforced the accountability of the national transporter in maintaining a secure environment for all commuters across the vast railway network.