Kerala rights panel directs Railways to pay ₹2 lakh to woman evicted from train despite valid ticket
The Kerala State Human Rights Commission has directed the Railways to pay ₹2 lakh in compensation to a woman who was evicted from a train at midnight and arrested on charges of ticketless travel, despite holding a valid reservation ticket. The commission, chaired by Alexander Thomas, also ordered a high-level inquiry into the incident and allowed the Railways to recover the amount from officials found responsible.
The petitioner, K. Jaya Smitha of Nelluvay in Thrissur district, was employed in Thiruvananthapuram on a contractual basis. She had booked a ticket on Train No. 16348 from Wadakkanchery to Thiruvananthapuram for July 30, 2023. On board, she found her berth occupied. When she approached the travelling ticket examiner (TTE), she was told that her ticket had been cancelled online.
The TTE reportedly offered her another berth if she paid a fine of ₹500. Ms. Smitha said she did not have that amount in cash. She explained that she had booked the ticket manually at the Thiruvananthapuram railway station, and thus it could not have been cancelled online. She asked for details of the person who had cancelled the ticket, but the TTE did not provide them. She claimed the TTE warned her of consequences and misbehaved with her when she refused to pay the penalty.
When the train reached Aluva, RPF personnel removed her from the train, registered a case of ticketless travel, and released her on bail. Acting on her complaint, the Railways later found an error: her mobile number had been incorrectly entered at the booking centre. The reservation message was sent to another person, who cancelled the ticket online. The Railways subsequently advised the RPF to withdraw the case, and the case was dropped.
The commission observed that evicting a woman travelling alone from a train at midnight violated Section 139 of the Railways Act, which provides for the protection of women passengers during night travel. It also highlighted failures in the railway booking system and the conduct of the TTE.
Ms. Smitha stated that she lost her contractual government job as a result of the criminal case registered by the RPF. The commission directed her to approach the government in this regard. It ordered the Director of the Minority Welfare Department to decide on her application within one month.
The Railways have been given one month to pay the compensation. If the amount is not paid within six weeks, the commission said the Railways would also have to pay interest at 8% per annum on the ₹2 lakh. The commission further instructed the Railways to issue a circular to TTEs and RPF personnel, reminding them of their obligations under Sections 137 and 139 of the Railways Act, especially regarding the safety and rights of women passengers during night travel.
The order brings attention to the difficulties faced by passengers when booking details go wrong and underscores the need for rail staff to handle such situations with sensitivity, particularly when women are travelling alone at odd hours.
