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CoverStory






                 A preventAble rAil trAgedy



                 More than anything, Amritsar train                                       state governments,
                 tragedy was the result of the failure of                                 for which the Rail-
                 state government machinery,                                              ways have been pay-
                                                                                          ing annual rentals
                 m.y. siddiqui writes                                                     (lagaan) to the states
                                                                                          and union territo-
                        am Leela celebrations during the ten-day                          ries. So the railway
                        long Dussehra festivals that culminated in                        tracks are its own
                        demon Ravan burning  ritual at Dhobi Ghat,                        dedicated property.
                 R Chaura Phatak near Amritsar (Punjab) on                                Others using railway
                 October 19, 2018 evening where speeding Jallandhar-                      tracks without self-
                 Amritsar DMU (Diesel Multiple Unit) train crushed                        precautionary safety
                 to death 62 people and injured over 70 persons was                       are obviously tres-
                 an avoidable tragedy that could not have happened.                       passers or encroach-
                 The train driver although was blowing whistle                            ers. If trespassers are
                 which the surging crowd of people along and on the                       run over by trains,
                 tracks could not hear because of high decibel noises,                    the Railways are not
                 excitement and rejoicings over the deafening sounds   responsible. In this connection, the burden of safety
                 of bursting crackers out of the ritual of Ravan burn-  is on the trespassers. No wonder, the Railways have
                 ing. Train driver did not take preventive action faced   lodged FIR for trespassing its territory. That is why
                 as he was with difficult situation not of his making.   Railways do not pay compensation in similar acci-
                 Braking a speeding train over a short distance is    dents to the next of the  kin of victims.
                 difficult and dangerous as in such case the train can   As for accidents on the railways, there are various
                 jump off the rail and endanger lives of passengers,   types of train accidents caused by human failure,
                 whereas  foremost and primary duty of train driver   track failure, mechanical failure, collision, untoward
                 in such situation is to ensure safety of passengers    incidents like sabotage, bomb blasts etc., which are
                 inside the train. This is the cold truth.        mentioned in the Railways Act, the Railways Safety
                   Prima facie it is a case of failure of state govern-  Act and various rules and regulations. Accidents like
                 ment machinery to control a crowd with basic safety   the Amritsar caused by trespassers or at rail cross-
                 norms. As stated, Ram Leela was held at the same   ings caused by road users or by vehicular traffic are
                 venue in last several years, which could not accom-  regulated by the Motor Vehicles Act, where Railways
                 modate more than 2,000 people.  Local police had    are not responsible for such accidents. The self-regu-
                 allowed up to 5,000 people to congregate there.    latory by trespassers of rail tracks presumed to know
                 Several lapses in organisation of events like lack of   self-protective, preventive and  precautionary action
                 official inspection of the venue of events, provisions   before crossing or using railway tracks.
                 of adequate security and disaster management were   However, in our system of governance where
                 seen. Added to this, state government machinery   people are the sovereign masters, the governments,
                 failed to recognise the contour of problems, such   both Central and States, are responsive and account-
                 as, spilling of people on tracks, a purely man made   able to the people prompting it to pay compensation
                 disaster, controlling crowd density, its monitor-  generously to the victims’ families and those injured.
                 ing, availability of adequate medical and security    Compensation of  5 lakh to the bereaved families
                 resources on site that could have played preventive   for each of the precious life lost by the State Govern-
                 and mitigatory role. In this connection, a magisterial   ment of Punjab and  2 lakh for  each such victims
                 inquiry by the Punjab Government within a month   by the Prime Minister (Union Government) is too
                 of the uncalled for accidents will reveal the truth. It   meager and a pittance, making our democracy and
                 is learnt officially that guilty officials pinned down   its responsiveness to the people a sham and there-
                 by the magisterial inquiry will be punished after due   fore condemnable. Such accidents should not be
                 process of law.                                  politicised. Nor should blame game be engaged in by
                   Well, in the scheme of the Constitution of     different machineries of the Centre and State
                 India and the rule of law based system of democratic    Governments, much less political parties!
                 governance, land is State Subject and trains run on
                 the tracks duly purchased by the Railways from the                         letters@tehelka.com



                                        Tehelka / 15 november 2018  26  www.Tehelka.com



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