Kush Kalra v. Union of India and Ors.

1. The present writ petition has been filed as a Public Interest Litigation under Article 226 of the Constitution by the Petitioner, who is a practicing advocate in the Delhi High Court claiming to be a public spirited person as per the Writ Petition, inter alia, claiming the following reliefs: “a) Issue a writ in the nature of MANDAMUS, or any other appropriate WRIT, order or direction to direct the respondents to provide Safety measures (lack of Anti Collusion Devices, lack of Alcohol Checking devices and lack of emergency telephones on platforms of Indian railways) and Security Digitaaly measures (lack of CCTV cameras at stations. Lack of Luggage scanning devices and lack of Metal Detector Doors and Hand Held Metal Detectors) at every Railway station in India. b) Issue a writ in the nature of MANDAMUS, or any other to act on the railway police audit of Delhi railway stations being unsafe and submit a safety compliance report of the same to this Hon'ble Court in a span of two months or earlier. c) Issue a writ in the nature of MANDAMUS, or any other to maintain highest standards of safety and security measures at Delhi Railways Stations and all railways stations across India. d) Issue a writ in the nature of Mandamus, or any other appropriate Writ, order or direction to direct the respondents to inform to this Hon'ble Court about the steps taken by respondents towards safety and security of commuters travelling through Indian Railways across India and Delhi Railway Stations. e) Pass such other orders as this Hon'ble Court deem fit in the circumstances of the case. ”

2. The petitioner has shown grave concern in respect of safety measures at Railway Stations and has highlighted lack of Anti Collusion Devices, lack of alcohol checking devices, lack of emergency telephones, lack of CCTV cameras, lack of luggage scanning devices, lack of metal detector doors and hand held metal detectors.

3. The Petitioner has referred to certain accidents which took place in different Railway Stations in the past and has also filed information obtained through an RTI under the Right to Information Act, 2005 in respect of the Digitaaly aforesaid issues. The Petitioner’s contention is that the State/ Indian Railways/ Respondents are duty bound to secure the right of security of each and every individual in the country and the Respondent authorities have failed to provide the following safety and security measures:

(c) Emergency Telephone at platforms from where a passenger can directly call the station control room in case of emergency. This is required because most of the time passengers are in grave/urgent situation and they require urgent help and presently most stations in India are not equipped with emergency telephones at the railway stations.

(a) Scanning Machines: Scarming Machines are necessary to check the luggage of passengers at the railway stations. The security of railway system can't be made full proof until passengers belongings are properly scanned at the entrance points of railway stations. Most of the stations in India are not equipped with the scanning machines to check the belongings of passengers which is a major security lapse. (b) CCTV Cameras: CCTV cameras ensure the smooth functioning of any railway station and helps in monitoring and tracking of any illegal activity. Digitaaly

(c) Metal Detector Doors and Handheld Metal Detectors are necessary to make the travel of every commuter safe so that no unscrupulous elements enter the station with any prohibited or dangerous material. The above-mentioned safety and security measures are directly related to protection of the precious life of commuters of Indian Railways. ”

4. A detailed and exhaustive counter-affidavit has been filed by the Union of India stating that the Indian Railways have installed CCTV cameras at stations, luggage scanning devices, door frame metal detectors, hand held metal detector, body worn cameras and dogs (Sniffer and Tracker) have also been posted at the Railway Stations. It has been further stated that All India Helpline Number 139 is used for assistance to any complaints/ security assistance. It has been stated that the Railway Protection Force Twitter Handle is available for passengers for any complaints and security assistance. It is also stated that Operation “Meri Saheli” has been set up to ensure safety and security to women passengers especially to the ones who are travelling alone in addition to providing child helpline and Anti Trafficking Units at stations for maintaining and providing security to the passengers travelling through Railways.

5. The Respondents have, on affidavit, also furnished the details of safety and security measures which are in place at the Railway Stations as under:

┌────────────────────────────────────────────────────────────────────────────────────────────┐
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┌───────────────────────────────────────────────────────────────────────────────────────────────────────────────────┐
│                           Sl No.                     Description                 Availability                     │
├───────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│                           1.                         CCTV Cameras at Stations CCTV Cameras installed at           │
│                                                      for video surveillance   861 Railway Station over            │
│                                                                               Indian Railways. In order           │
│                                                                               to strengthen security at           │
│                                                                               stations, Indian Railways           │
│                                                                               have undertaken a work for          │
│                                                                               provision of CCTV cameras           │
│                                                                               at all the 6124 stations            │
│                                                                               (except Halt Stations)              │
│                           2.                         CCTV Cameras at Stations 6368                                │
│                                                      for video surveillance                                       │
│                           3.                         Luggage Scanning Devices/ Total      260   Luggage           │
│                                                      BSM                       Scanning Devices/ BSM is           │
│                                                                                available.                         │
│                           4.                         Door      Frame       Metal 1061                             │
│                                                      Detectors                                                    │
│                           5.                         Handheld Metal Detectors    5,265                            │
│                           6.                         Body Worn Cameras           1,168                            │
│                           12.      The other steps in respect of the security of passengers enumerated            │
│                           therein with details thereof are as under:                                              │
│                           1.                         Dogs (Sniffer & Tracker)   Sniffer Dogs – 332,               │
│                                                                                 Tracker Dogs- 90                  │
│                           W.P.(C.) No.12902/2019                                                   Page 9 of 14   │
│ Signature Not Verified                                                                                            │
│ Digitaaly Signed                                                                                                  │
│ By:BHUPINDER SINGH                                                                                                │
└───────────────────────────────────────────────────────────────────────────────────────────────────────────────────┘

13. The Respondents have further stated that they have launched other initiatives for the security of passengers, some of them detailed in the affidavit are as under: