The Madras High Court has upheld the Indian Railways rule that allows passengers in reserved coaches to use their berths for sleeping only between 10 pm and 6 am, Hindustan Times and LiveLaw reported.
A bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan dismissed an appeal against Para 652(a) of the Indian Railway Commercial Manual, Volume I, which sets the restriction. A single judge had earlier rejected the challenge.
What the case was about
The appeal was filed by S Balasubramanian of Chennai. He said that while he was travelling with his wife, who was unwell, co-passengers refused to let her use her berth beyond the permitted hours. The manual allows sick passengers, pregnant women and persons with disabilities to ask co-passengers to accommodate them, but he argued this safeguard served no purpose in practice and that the rule should be struck down.
What the court said
"The restrictions under Para 652 bear a reasonable nexus for ensuring convenience for all traveling passengers. A solitary instance, where co-passengers declined to extend sleeping hours for the appellant's unwell wife, does not justify invalidating a rule designed to serve the broader public interest," the bench said.
The rule keeps berths for sleeping at night and for sitting during the day, so that passengers allotted middle and upper berths also have somewhere to sit, the court noted.
What passengers can do
The court said passengers facing such problems should go to the railway authorities. "We, however, clarify that passengers experiencing difficulties can report them to railway officials, who are bound to ensure that the safeguards under Para 652(d) are properly enforced," it said.
It added that the appellant could have approached the Railway Protection Force or other railway officials when his co-passengers refused, instead of challenging the rule without first seeking their help.
For travellers, the ruling means the 10 pm-6 am window stays, but the safeguards for sick, pregnant and disabled passengers can be enforced by complaining to railway officials or the RPF.