NEW DELHI: The Delhi High Court has upheld the direction of the National Human Rights Commission (NHRC) to the Indian Railways to pay `3 lakh compensation to a woman who was gang-raped inside a train in 2012, holding that the undertaking is duty-bound to ensure passengers’ safety and remains liable even when the crime is committed by private individuals.
Justice Amit Bansal dismissed the Ministry of Railways’ petition challenging the NHRC’s recommendation. “The fact of the matter is that the victim was a bona fide passenger who had purchased a ticket for the journey and was travelling in the train when the said incident occurred. The Railways were obliged to provide a safe environment onboard the compartment of the train,” the court said in its July 29 order.
The judge held gang rape, being a “violent attack”, falls under the definition of an “untoward incident” under Section 123(c) of Railways Act.
“Since the unfortunate incident occurred inside a compartment of a train, the same would be covered under the definition of an ‘untoward incident’ as provided in Section 123(c) of the Railways Act, and the Railways would be liable to pay compensation,” the order said.
The court said this responsibility would not be affected merely because the offence was committed by private individuals and not railway employees.
Justice Bansal also held that while the NHRC’s directions are recommendatory in nature, they cannot be treated as mere opinions. The commission had “correctly exercised its jurisdiction in recommending immediate monetary relief to a victim of gross human rights violation”, the court said. “The writ petition is devoid of merits and is accordingly dismissed,” the judge said.
