Madras HC refuses to alter railway rule restricting sleeping berth timings in reserved coaches: 'Designed to serve public interest'

The Madras High Court has upheld the restriction on sleeping berth timings in reserved railway coaches, holding that the rule, which allows passengers to use sleeping berths only between 10 pm and 6 am, ensures the convenience of all passengers travelling in the coach.

The high court was hearing a plea challenging Para 652(a) of the Indian Railway Commercial Manual, Volume I. (HT PHOTO/Representative)A bench of chief justice SA Dharmadhikari and justice G Arul Murugan dismissed an appeal challenging Para 652(a) of the Indian Railway Commercial Manual, Volume I, which imposes the restriction.

The bench said an isolated instance of co-passengers refusing to accommodate a sick person beyond the prescribed sleeping hours did not warrant striking down the provision. “The restrictions under Para 652 bear a reasonable nexus for ensuring convenience for all traveling passengers.

A solitary instance, where co-passengers declined to extend sleeping hours for the appellant's unwell wife, does not justify invalidating a rule designed to serve the broader public interest,” the court said. Also Read | Centre directs MCD to clear waste along railway tracks in Delhi The order was passed on an appeal filed by S Balasubramanian, a resident of Chennai, who alleged that he was traveling with his wife when co-passengers refused to let her use the sleeping berth beyond the prescribed hours though she was unwell.

The petitioner said the manual allowed pregnant women, persons with disabilities, and sick passengers to request co-passengers to accommodate their needs but this safeguard did not serve a purpose. Balasubramanian filed an appeal against the single-bench decision that had previously rejected his petition.

The division bench noted that Para 652(d) sought to balance the convenience of all passengers travelling in reserved coaches. Under the provision, passengers can use sleeping accommodation between 10 pm and 6 am, while the remaining hours are reserved for sitting accommodation.

This arrangement ensures that passengers allotted middle and upper berths also have adequate seating space during the day, the court said. The bench observed that the restriction aimed to let all passengers with valid tickets travel comfortably without inconveniencing co-passengers.

It also noted that the manual contained safeguards for pregnant women, persons with disabilities and sick passengers. Also Read | Permanent holding area, no platform tickets: Northern Railway prepares for Diwali rush in Delhi However, the court emphasised that passengers facing difficulties could approach railway officials to ensure that the safeguards under the manual were enforced.

“We, however, clarify that passengers experiencing difficulties can report them to railway officials, who are bound to ensure that the safeguards under Para 652(d) are properly enforced,” the high court said. The court also noted that the appellant could have approached the Railway Protection Force (RPF) or other railway officials when his co-passenger refused to cooperate to ensure that the safeguards operated as intended.

However, the petitioner chose to challenge the validity of the provision without first seeking assistance from the authorities, it said. Ayesha Arvind is a Senior Assistant Editor specialising in legal and judicial reportage.

She covers High Courts and tribunals across southern India, and believes that important legal developments do not only come from New Delhi. Her work focuses on bringing significant decisions and developments from the region to a wider audience and explaining what they mean beyond the courtroom.

She tries to make legal material accessible by translating legal jargon into clear, readable prose and putting pleas, lawsuits, judgments and legal developments in context. She also looks at their political realities and practical consequences for people.

Ayesha is committed to the standards of integrity journalism requires. She places a premium on accuracy and fairness, and believes that journalism's powerful voice must be tempered by humility and a sense of proportion.

Over almost two decades in journalism, she has covered law and order, civil law, crime and other areas of legal affairs. Her work includes breaking news, legal affairs stories, online analysis and commentary. Ayesha is deeply interested in the law, court judgments and the Constitution because they shape everyday life.

She believes every citizen should have a basic understanding of them. What she enjoys most about covering courts is that every story brings something new to learn.Read More