Division of responsibility between the RPF and the GRP

DIVISION OF RESPONSIBILITY BETWEEN THE RPF AND THE GRP-VIS-À-VIS RAILWAY PROPERTY, PASSENGER AREA AND THE PASSENGERS 

The Preamble of the RPF Act, envisaged that the RPF is constituted and maintained for the better protection and security of railway property, passenger area and passengers and for matters connected therewith. Likewise, the Preamble of the RP (UP) Act does state –‘an Act to consolidate and amend the law relating to unlawful possession of railway property. By this, it confines its parameters to that of ‘railway property’ alone as defined in the Law. The ‘railway property’ definition nevertheless does not include ‘the passenger area and passengers’ or ‘the offence(s) committed and/or connected therewith’.  It may be observed that as contained in section 3 of the RPF Act, that the RPF is constituted and maintained for better protection and security of railway property.

By this exclusion of specific and desired words ‘passenger area and passengers’, from within the section 3, the ambit and scope of the RPF has been substantially curtailed and in my considered opinion there are no authority and powers to deal any of the cases falling within the meaning of passenger area and passengers or their belongings, like theft of passenger’s luggage, assaults and other offences falling within the IPC section ,and emphatically, even if they (RPF) apprehend any culprit or recover such property belonging to the Passengers, in the course of their duties, they have to, invariably, forward the case to the GRP (Government Railway Police) with their Report for further necessary action ( Case registration/FIR, and Investigation ).

This excludes the RPF from registration of any FIR even if they detect such type of cases. Thus, the very purpose, proposed /for ‘better protection and security’ of the passenger area and passengers’ as expected by the Legislation is found to have been defeated. At the most the RPF is to be treated as the Assisting Force of the GRP.   

In this context, to make rail journey safer and secure to the 12 million people including the tourists who are making use of the rail services every day, one shall not forget the speech and the vision of the (Former) Honourable President of India, Dr. A. P.J. Abdul Kalam while presenting President's Colours to the RPF on 22nd May, 2006 containing certain valuable observations and suggestions to the, Government of India, the Ministry of Railways, the Railway Board, the RPF, which include:

1. The need to remove the division of responsibility between the Government Railway Police (GRP) and Railway Protection Force (RPF);

2. For empowering the RPF with legal powers to tackle all cognizable offences under the Indian Penal Code (IPC) and Special Acts so that there is a single point of responsibility for tackling crimes against railway passengers.

In this connection as a reference-kindly go through  the Articles published in monthly Magazine" Indian Railways"-PRESIDENT OF INDIA PRESENTS PRESIDENTIAL COLOURS TO RAILWAY PROTECTION FORCE JULY 2006); and V.Seshadri’s - Article - “(THE MISSING  DIMENSIONS ON SECURITY AND SAFETY OF PASSENGER-A POINT OF VIEW-JUNE-2007) 

From the above it can be seen that the views and vision of Former Hon’ble President of India had paved the way for reconciliation on this matter and the Committee (the 14th Lok Sabha, date 8-12-2009 also made recommendations for more powers to RPF…

There shall be a day, in future, which is still awaited and eager to celebrate over the Railway's System when there can be only one Police Force and not TWO as we see today and have a unified single ‘Uniformed Indian Railway Police Force- exclusively for the Indian Railways System’ to deal all the matters of ‘railway property, passenger area, and passengers, and the matters connected there with.

(NOTE: Addl. Points “ My further views-‘1.Where there is a will , there is a way”—How could GRP came into existence in India on L&O and Crime control over Indian Railway’s System during British Regime and now continuing by the State Police ; 2. GOI , in 2012, could amend the RP(UP) Act,2006 in Section 3, by substituting…”Penalty for theft, dishonest misappropriation or unlawful possession of railway property”,  and by additional words…” whoever commits theft, or dishonestly misappropriates or is found, or is proved”. The crux and the definition of Railway Property has thus changed in many ways, and it is the I.O./RPF is to utilize the same towards fulfillment of the Legislation…3. When many of the Railway Officials are being conferred with IRS- Organized Cadre Group Officers in various departments, why the same is not being given to the RPF Officers also…this is where my feeling where there is a will , there is a way…’)

(Published in the All India Retired Raiwaymens' Federation (AIRRF Magazine- 'FEDERATION NEWS'- 'SEPTEMBER-OCTOBER, 2011' ISSUE; & also in monthly Indian Railways Official Magazine" Indian Railways"-JUNE-2007).