Railway ordered to pay Rs 2 lakh compensation after woman was removed from train at midnight

Thiruvananthapuram, Kerala: The Kerala State Human Rights Commission has directed the Railways to pay Rs 2 lakh compensation to a woman who was allegedly removed from a train at midnight despite holding a valid reservation ticket and later arrested on charges of travelling without a ticket.

The order was issued by commission chairperson Justice Alexander Thomas. The Railways has been directed to pay the compensation within one month and inform the commission in writing after making the payment.

The order also allows the Southern Railway Divisional Manager to conduct an inquiry and recover the compensation amount from officials found responsible for the incident.

The action followed a complaint filed by K. Jayasmitha, a native of Erumapetty in Thrissur and a resident of Thiruvananthapuram.

The incident took place on July 30, 2023, when Jayasmitha travelled from Wadakkanchery to Thiruvananthapuram on the Mangaluru-Thiruvananthapuram Express (16348).

She had reserved a berth in the S4 coach. However, when she reached berth No. 41, she found that it had been allotted to another passenger.

When she approached the TTE, she was reportedly told that her ticket had been cancelled online.

Jayasmitha questioned how a counter ticket purchased directly from the Thiruvananthapuram railway station could have been cancelled online. According to her complaint, the TTE did not provide a satisfactory explanation.

TTE asked her to pay Rs 500 for another berth

The TTE allegedly offered her another berth if she paid a fine of Rs 500. Jayasmitha said she did not have the money with her.

She also questioned how her ticket could have been cancelled without her knowledge or consent, but the official allegedly refused to provide details.

As it was already midnight, she requested that she not be forced to get off the train. However, she alleged that the TTE behaved improperly and handed her over to Railway Protection Force personnel when the train reached Aluva.

The RPF personnel registered a case against her and released her on bail. The Railways later withdrew the case after it became clear that it had been registered incorrectly.

A subsequent Railway inquiry found that a booking clerk had mistakenly entered one digit incorrectly in the mobile number provided by Jayasmitha on her reservation form.

As a result, the booking confirmation message was sent to the wrong number. The person who received the message reportedly cancelled the ticket online after finding that it was not a ticket they had booked.

The commission found that the incident amounted to a serious violation of Sections 137 and 139 of the Railways Act.

Commission flags violation of woman's rights

The Human Rights Commission observed that Jayasmitha's right to live with dignity, guaranteed under the Constitution, had been violated.

The commission also stressed the need to protect women travelling alone at night and directed the Railways to ensure that such passengers are not removed from trains in violation of applicable rules.

Jayasmitha also told the commission that she lost a contractual government job after the criminal case was registered against her.

The commission directed her to approach the government seeking relief in connection with the loss of employment. It further instructed the Director of the Minority Welfare Department to consider her request and take a decision within one month.

Railway asked to strengthen safety measures

The commission directed the Railways to ensure the safety of women travelling alone at night and issue an immediate circular to officials regarding strict compliance with Sections 137 and 139 of the Railways Act.

The compensation must be paid within the stipulated period. If the Railways fails to pay the amount within six weeks, the compensation will have to be paid with 8% interest, according to the order.