The Supreme Court on Friday asked the Railways to clarify and reconsider the continued use of the term “second class passenger” in its operating manuals and official documents, noting that the connotation of class should relate to the coach and not to the passenger, as the expression is “offensive to the spirit of the Constitution of India.”
A bench of Justices Sanjay Karol and N Koteswar Singh made this observation while deciding a compensation claim arising out of the death of a passenger who fell from a running train in 2015.
The court also suggested that the railways should consider a “massive increase” in manpower at stations and trains to ensure effective implementation of safety measures aimed at preventing overcrowding and accidental falls.
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SC Widow Awards $8 lakh
The ruling was issued in an appeal filed by Lata, whose husband Chandrakant Thakkar died after falling from the Ahmedabad-Howrah post office between Khandpada and Khatgaon while traveling from Raipur to Ahmedabad on November 28, 2015.
The Railway Claims Tribunal and the Madhya Pradesh High Court refused compensation on the ground that it could not be proven that the deceased was a bona fide passenger as his ticket was not refunded after the accident. The Supreme Court overturned both decisions, holding that the absence of a ticket was not fatal to the claim and ruled $8 thousand compensation for the widow.
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“Offensive to the spirit of the constitution”
While examining the Indian Railways Commercial Manual and other operational documents, the bench observed that the phrase “second class passenger” is still used in several provisions relating to passenger accommodation and overcrowding.
“One aspect that caught our attention while going through the guide and other relevant documents, is the use of the term ‘second class passenger’. While ostensibly linked to the expenses incurred by the passenger for travelling, we may suggest that the connotation of class be attached to the bus and not to the passenger, in recognition of the history of caste divisions in our country which is the same as offending the spirit of the Constitution of India.”
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The observation came after the authority reproduced several provisions of the Railway Commercial Manual, including those dealing with passenger accommodation, preventing overcrowding, checking tickets and safety precautions before departing trains.
The court noted that the evidence repeatedly refers to “upper and lower class passengers” and “second class passengers,” language that, according to the panel, requires reconsideration in a constitutional democracy committed to equality and dignity.
Overcrowding concerns
The ruling also focused extensively on the problem of overcrowding on trains, which the council described as a recurring occurrence and “the cause most often of such unfortunate incidents.”
