Introduction:

The Bombay High Court has taken a decisive stance on the alarming number of daily deaths on the Mumbai Suburban railway system, addressing systemic issues through a PIL filed by Yatin Jadhav against the Union of India. The court, led by Chief Justice Devendra Upadhyaya and Justice Amit Borkar, emphasized accountability and proposed a committee of experts to conduct a high-level study to tackle this pressing issue.

Arguments:

Advocate Rohan Shah, representing the petitioner, highlighted the gravity of the situation with statistics showing that 2,590 commuters lost their lives on the Mumbai Suburban Rail in 2023, averaging to about seven fatalities per day. Shah pointed out systemic failures such as inadequate safety measures, citing causes like trespassing, falling from trains, and electrocution incidents. He argued that the current infrastructure and safety protocols are insufficient, drawing comparisons with international standards and underscoring the need for immediate improvement.

The counsel for Western Railway defended the existing measures, noting significant efforts to enhance infrastructure and safety, including the construction of foot over bridges and compliance with previous court directives. They highlighted the complexity of managing over 33 lakh daily passengers across 1,500 services, while acknowledging the need for continuous improvement. However, questions were raised about the efficacy of these measures in preventing fatalities, prompting scrutiny from the bench regarding accountability and effective implementation.

Court’s Judgment:

The bench, led by Chief Justice Devendra Upadhyaya, expressed dismay over the situation and criticized the casual approach of railway authorities towards passenger safety. The court ordered the General Managers of Western and Central Railways to nominate senior officers to provide detailed affidavits addressing the issues raised in the petition. These affidavits are to be personally vetted by the General Managers and must outline both current measures and proposed solutions to mitigate fatalities.

Furthermore, the court proposed the formation of a committee of experts to conduct a comprehensive study on the matter, emphasizing the need for a robust system to prevent further tragedies. The bench underscored that mere passenger volume cannot justify lapses in safety and stressed the urgency for a change in mindset and accountability among railway officials.