INTRODUCTION
The Allahabad High Court sought answers from the Union Ministry of Railways as how come a 35-year-old woman who was a victim of gang rape and thrown out of a running train was compensated in the year 2016. As a result of this tragic incident, one leg of the victim was amputated. In the present case, the Court has asked if the amount of compensation provided was in accordance with the Railways Act 1989.
BACKGROUND
This was a question posed by a bench comprising Justice Jaspreet Singh and Chief Justice Arun Bhansali during a suo-motu-public interest litigation which was initiated in 2016 regarding the gang rape of a moving train passenger. The Union Ministry of Railways was asked by the High Court earlier this year to furnish the details regarding the measures adopted to prevent crimes against women on trains and at railway stations.
The response received from the Union Ministry enlightened the division bench about the various steps taken to ensure the safety of traveling female passengers. It focused on various steps taken to guarantee the safety of traveling passengers such as CCTV surveillance at train stations, monitoring in train galleries, conducting awareness programs, and getting more coordination with the GRP and Civil Police. Besides this, to address security concerns and others, a dedicated emergency toll-free helpline no.139 is now established.
KEY POINTS
- Undermining public conviction: Trust in the safety of rail travel, particularly for women, was shaken by the occurrence. It exposed the vulnerabilities of passengers and highlighted the urgent institutional reforms required for safe passage for all passengers. This incident ignited heated discourse and concerns regarding passenger safety after serving as a sobering reminder of the dangers women face in public spaces.
- The policy reform catalyst: The case brought the Ministry of Railways into a reexamination, attention, and improvise of its safety procedures to ultimately develop something like emergency helplines, CCTVs, and safety awareness campaigns. This was for the purpose of regaining public confidence in the railway system, which required more accountability and enforcement that have brought noticeable changes in safety for passengers.
- Social awakening: The barbarism of the incident threw into sharp relief the wider problem of violence against women in India. It raised questions around how society looks upon gender-based violence and the structural problems that disallow women’s protection. NGOs and civil society used the case to demand improved laws and regulations for the protection of women’s rights in public spaces.
- Legal empowerment: The Allahabad high court, invoking provisions of the Railways Act of 1989, articulated the centrality of compensating victims of such gruesome crimes. Such an act gave a sense of justice and closure to the victim and her family not only through monetary compensation but also through the moral acknowledgment of her suffering.
- Community resiliency: For safer public spaces, the lawsuit unites all sorts of other entities from activists, legal practitioners, and common people alike. It emphasizes community support in assisting survivors and acts as a call to take on collective responsibility to fight crimes against women.
- Judicial Precedents: The court’s proactive endeavors in providing the right precedent for similar matters. The judiciary proves that justice must consist of not only the remedies to the victim but also be compellingly punishable to the offender when they raise their voices against the compensation and transparency provided.
RECENT DEVELOPMENTS
In a recent event that raised its voice of concern against an affidavit filed by the Ministry of Railways, the Allahabad High Court remarked that the affidavit did not clarify whether the victim received compensation under Section 124-A of the Railways Act of 1989.
Getting a complete reply from the Railways regarding the status of compensation by the next hearing of January 8 was mandated by the bench. Produce a clear outline of statutory obligations being adhered to against acts or omissions, the court observed: stepping up of government accountability and justice regarding failures in the public sector made this supplementary observation that further reinforces its focus on fulfilling statutory obligations and ensuring just remediation of victims.
CONCLUSION
The case very clearly demonstrates the vital aspect of victim compensation, especially in the horrible cases concerning acts of misconduct committed on railway properties. Despite having your work cut out, bringing fairness and compliance with the Railways Act to the question of compensation could be a whole new ball game. Now, it is for the Ministry, at the very next hearing, to clarify its discharge of the statutory obligation.
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WRITTEN BY: MADHAV SAXENA
