Madras High Court upholds Indian Railways' sleeping berth timing rules

The Madras High Court has decided to maintain the restriction on the timing of sleeping berths in the reserved coaches of Indian Railways. The court ruled that passengers can use the sleeping berths only between 10 pm and 6 am. The court stated that this rule was formulated to ensure the convenience of all passengers travelling in the coach.

According to a report by Hindustan Times, the Madras High Court was hearing a petition challenging Para 652(a) of the Indian Railway Commercial Manual, Volume 1. A bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arul Murugan dismissed the appeal against the rule imposing this restriction. The court observed that a single instance of co-passengers refusing to accommodate a sick person during hours beyond the prescribed time is not sufficient to scrap the entire rule.

Clarifying its position, the court said, "The restrictions under Para 652 have a reasonable nexus to ensure the convenience of all passengers. A single incident, where co-passengers refused to extend sleeping hours for the appellant's unwell wife, is not appropriate to invalidate a rule framed in the broader public interest."

The appeal was filed by S. Balasubramanian, a resident of Chennai. He claimed that while travelling with his wife, co-passengers refused to allow the use of the sleeping berth after the scheduled hours despite his wife being ill. The appellant stated that the Railway Manual allows pregnant women, persons with disabilities, and sick passengers to request co-passengers for convenience as per their needs, but these protective provisions proved to be of no use.

Balasubramanian had also appealed against a previous single-bench decision, which had earlier dismissed his petition. The bench noted that the purpose of Para 652(d) is to maintain a balance between the convenience of all passengers travelling in reserved coaches. Under this provision, passengers can use sleeping facilities from 10 pm to 6 am, while the remaining hours are reserved for seating facilities.

The court explained that this arrangement is to ensure that passengers allotted middle and upper berths can get sufficient seating space during the day. The court observed that the objective of this restriction is to ensure that all passengers with valid tickets can travel comfortably without causing inconvenience to other co-passengers. The court also noted that the manual includes protective provisions for pregnant women, disabled persons, and sick passengers.

However, the High Court emphasised that passengers facing difficulties can contact railway officials to ensure that the protective provisions under the manual are implemented. The court stated, "We clarify that passengers experiencing difficulty can inform railway officials, who are bound to ensure that the protective provisions under Para 652(d) are properly implemented."

Furthermore, the court noted that when the co-passengers refused to cooperate, the appellant could have approached the Railway Protection Force (RPF) or other railway officials to avail the prescribed protective provisions. Instead, the appellant chose to challenge the validity of the provision directly rather than seeking help from the authorities, the court observed.

According to a report by Mint, the entire dispute centered on the balance between the implementation of railway rules and the individual needs of passengers. With this decision of the court, the current sleeping berth timing rules of the Railways will remain intact and passengers will have to adhere to the prescribed time limits.