Unmanned railway level crossing and perpetual human rights violation

When you open the news paper it is frequent phenomena that some accidents news appeal due to unmanned level crossing. After sixty five years of independence happening of this type of accident in civilized society is uncalled for. This is one of the worst form of Human Rights violation.

Department of Railways   Continue  to   violate  Human Rights by non  making  these 10 ,797 numbers (40% of total  level crossing)  of unmanned railways crossing  manned  thereby allowing for accidents to happen in future.

There are  number of  Unmanned  Level crossing which was not made manned yet now. The information relating to some state /division in this regards is eye opening.

As per information from RTI approximately Lucknow Division (Eastern Railways) has 423 unmanned railways crossing, West Bengal has 228 unmanned railways crossing  & Jharkhan has 228 unmanned level crossing presently  existing.

The above information indicates that hundred of unmanned railways crossing are pending in each state. In the Economics Times of  12- December-2013  it is mentioned  that there are 10,797  unmanned railways crossing excising   thought the country.

Further as per UNECE’s (United Nation Economic Commission for Europe) 67th session of working party on Road Traffic Safety and ESCAP ( Economic and Social Commission for Asia and Pacific) at IRTE(Institute of Road Traffic Education) Faridabad from 4th to 6th December 2013 there 31,254 numbers (as on 01.04.2013) of Level crossing out of which 18,672 numbers (60%) are manned and balance 12,582 (40%)  are unmanned in the Indian  Railways Network.

As per existing Law in India the onus for safe movement over unmanned level crossing lies with the road users (Section 131 of “Motor Vehicle Act” and Section 161 of “Indian Railway Act”)  as mentioned below.

Section 161 in The Railways Act, 1989

161. Negligently crossing unmanned level crossing.- If any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year. Explanation.-- For the purposes of this section," negligence" in relation to any person driving or leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person--

(a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, or

(b) even while an approaching rolling stock is in sight.

Section -131 of Motor  Vehicle Act, 1988

131. Duty of the driver to take certain precautions at unguarded railway level crossings. –

Every driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed.

Whoever after formulation of  absolute liability principle by Honorable SC according to which if a person’s used dangerous object he must keep it under its perils , the above provisions of the Laws violates  such principal . These provisions are also violates. Article-21 of constitution as it violates right to life  as well as Artcile-14 as it is discriminatory and  arbitrary.

As per Railways  data  average  15  Lakhs amount  required to make  unmanned railways crossing manned. Hence to make  10,797  unmanned railways crossing manned approximately 1619.55 cores are required. As per economics times Railways is claiming  6000 cores  to make the unmanned crossing manned by exaggerating the amount of requirements.

As  per right to life enshrined in Art-21 of constitution and human life can  not be equated with  money and  Railways is Big Government Department having revenue of  lakhs of corers rupees  and  it is central government which  in turn is responsible for such accidents as defined in absolute liability principle by Honorable SC .

Hence government   must come forwards and immediately do the following things

1) Giving Instruction to Ministry of  Railways for   immediate manning of Unmanned Railways crossing within schedule.

2) Railways minister and central Government must allocate required fund for its immediate completion.

3) Setting of a commission for monitoring the progress of  making unmanned railways crossing manned work by railways and submitting its reports to central Government.

In addition some of  the advocate may come forwards  and  raise the matter in the Honorable  SC and HC  as PIL.