It is the obligation of the railways to provide emergency medical facilities to injured passengers and it is not entitled to collect cess from them for it, observed the Bombay High Court on Tuesday.
A division bench of justices Abhay Oka and Ajey Gadkari rapped the railways for its plan to collect cess from passengers to implement an earlier high court order, which directed it to set up emergency medical Rooms (EMRs) at all suburban stations, especially the ones where maximum accidents take place.
"In light of Article 21 of the Constitution of India, it is the obligation of the railways to provide facilities to injured passengers. We make it clear that it will not be open for railways to collect cess (from passengers)," observed the bench.
Justifying the levying of cess, counsel for the Central and Western Railways Suresh Kumar said they would incur expenditure of Rs8 lakh per month per EMR, ie an annual expenditure of Rs24 crore.
However, the judges rapped the railways saying of the lakhs of passengers who pay fares for commuting in suburban trains, many are even unable to enter the train compartments.
Petitioner Sameer Zaveri pointed out certain documents, which he received under the Right to Information Act, showing that the railways' income was more than the expenditure.
As per the RTI, the railways' earnings for the year 2011-12 were Rs1,824.99 crore of which Rs1,644.58 crore were from suburban and non-suburban trains. The other source of earnings is goods transport. As against this, it incurs expenditure of Rs1,624.64 crore towards salary, wages and other non-salary expenses.
Kumar told the HC that they would set up EMRs within three months at stations where there is ready land available. For other stations, they sought six months' time.
For setting up EMRs, the judges have directed the railways to give priority to stations where there are more accidents.
The judges expressed shock at the stand taken by the state government that it cannot provide dedicated ambulances outside all stations.
Additional government pleader Geeta Shastri informed the HC that the state has tied up with nearby hospitals and ambulance services, which will make ambulances available in case of emergency.
The judges have asked the state to re-consider its stand and file an affidavit by January 23, 2015. The railways too has been told to file its affidavit by then, listing the steps taken for setting up EMRs.
EMR details
The railways has selected 15 stations where the number of accidents is over 100 every year. The facility will be provided within the next three months at those stations where a spare room is available and within six months at stations not having a spare room as, to provide the facility, "portable cabins will have to be constructed/erected or rented out from the nearest possible location". These rooms will have one doctor, one nurse and one attendant round the clock. The rooms will be equipped with a bed, stretcher and other necessary medical equipment.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}