Thiruvananthapuram: In an order that is likely to make the Railways think twice before misbehaving against women travelling alone, the Kerala State Human Rights Commission (KSHRC) has directed it to pay Rs 2 lakh as compensation to a woman passenger who was made to get off a train at midnight despite having a reserved ticket.
The compensation will have to be paid within one month and the Railways will have to inform the Commission in writing after making the payment, KSHRC chairperson Justice Alexander Thomas ordered, as reported by PTI.
The amount can subsequently be recovered from officials found responsible for the incident after an inquiry, as per law, the Commission said in a statement on Wednesday.
The compensation is to be paid to K Jayasmitha, a native of Erumapetty in Thrissur district who resides in Thiruvananthapuram.
The incident dates back to July 30, 2023, when Jayasmitha was travelling from Wadakkanchery to Thiruvananthapuram on train number 16348 with a reserved ticket, the Commission said.
When she reached the berth, she found that it had been allotted to another passenger.
The TTE said that her ticket had been cancelled online. Jayasmitha questioned how a ticket purchased directly from the Thiruvananthapuram railway station could have been cancelled online, but did not receive a satisfactory explanation, according to her complaint.
She complained that the TTE then told her that another berth could be allotted if she paid a fine of Rs 500. However, she did not have the amount in cash.
Jayasmitha also sought details of the person who had cancelled her ticket without her knowledge or consent, but the TTE did not provide the information, it was alleged in the complaint.
The woman requested that she not be deboarded as it was midnight. However, the TTE allegedly ignored her request and behaved rudely.
Jayasmitha was handed over to the RPF when the train reached Aluva. She was arrested for allegedly travelling without a ticket and later released on bail. She claimed that the RPF personnel also behaved improperly with her.
The Commission noted that the Railways later withdrew the case after realising that it had been wrongly registered.
The KSHRC was informed by the Railways that an inquiry by the Senior Divisional Commercial Manager found that one digit of the mobile phone number provided by Jayasmitha in the reservation form had been entered incorrectly in the booking system.
Consequently, messages related to the reservation were sent to another number. The person who received the messages cancelled the ticket online, despite not having booked it, the inquiry found.
In her complaint, Jayasmitha maintained that she had provided her correct mobile number in the reservation form and that the error was committed by the booking clerk.
The act of making a woman travelling alone leave a train at midnight was wrong under Section 139 of the Railways Act, Justice Thomas observed.
Finding violations of Sections 137 and 139 of the Railways Act, the Commission held that the Railways had acted unfairly towards the complainant.
Jayasmitha lived alone without her parents and that her right to live with dignity, guaranteed under the Constitution and human rights principles, had been violated, the order noted.
She had lost a contractual government job because of the criminal case registered against her by the RPF, Jayasmitha informed the Commission.
She was directed by the Commission to approach the government with an application on the issue. It also asked the director of the Minority Welfare Department to take a decision on it within a month.
The KSHRC directed the Railways to issue a circular immediately and circulate it among officials, instructing them to strictly comply with Sections 137 and 139 of the Railways Act. It further directed the Railways to ensure the safety of women travelling alone at night.
If the compensation is not paid within six weeks, it will attract an interest of eight per cent, the order said.
