CHENNAI: Passengers travelling with sick persons should seek the assistance of railway officials if co-passengers refuse to cooperate with the permitted concessions, the Madras High Court said while upholding restrictions on sleeping hours in reserved coaches.
In the writ appeal challenging the restrictions on sleeping hours in reserved coaches, S Balasubramanian said when he was travelling with his unwell wife, she was not permitted to use the sleeping berth beyond the prescribed hours despite her illness.
He challenged the railway rule restricting sleeping accommodation to between 10 pm and 6 am as unconstitutional, and contended that the safeguards provided for sick persons, persons with disabilities, and pregnant women were ineffective, as his request to co-passengers to allow his wife to continue sleeping was not heeded.
A division bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan observed that the restriction was intended to ensure that all valid ticket holders could travel comfortably, as passengers allotted middle and upper berths required seating space during the day. The rule also permits sick persons, persons with disabilities, and pregnant women to sleep beyond the prescribed hours, while requesting co-passengers to cooperate.
A solitary instance in which co-passengers declined to extend the sleeping hours for the appellant's unwell wife could not justify invalidating a rule designed to serve the broader public interest, the court observed.
The court further said that the appellant could have approached the onboard railway staff, the Railway Protection Force, or officials at the next station instead of challenging the restrictions as unconstitutional.
"This challenge is entirely baseless and misplaced. We find no error in the order of the learned Single Judge dismissing the writ petition, " the court held.
However, the court clarified that passengers facing difficulties could report them to railway officials, who were bound to ensure that the safeguards for sick persons, persons with disabilities, and pregnant women were properly enforced.