Kerala Rights Panel Orders Railways to Pay ₹2 Lakh to Woman Evicted From Train
Kerala SHRC directs Railways to pay ₹2 lakh compensation to a woman evicted from a train despite a valid ticket and later arrested.
The Kerala State Human Rights Commission (SHRC) has directed the Railways to pay ₹2 lakh in compensation to a woman who was forcibly removed from a train at night despite holding a valid reservation ticket, and was subsequently arrested on charges of travelling without a ticket.
The order, issued by SHRC Chairperson Alexander Thomas, gives the Railways one month to pay the amount to K. Jaya Smitha, a resident of Nelluvay in Thrissur district who was employed in Thiruvananthapuram. The commission also allowed the Railways to recover the sum from erring officials after a thorough high-level inquiry.
The incident occurred on July 30, 2023, when Smitha boarded Train No. 16348 from Wadakkanchery to Thiruvananthapuram. She found her allotted berth occupied. When she approached the Travelling Ticket Examiner (TTE), she was told her ticket had been cancelled online. The TTE allegedly demanded a ₹500 fine to allot another berth, but she did not have the cash.
Smitha explained that she had booked the ticket manually at Thiruvananthapuram station and that it could not have been cancelled online. She asked for details of the person who cancelled it, but the TTE refused, warning her of consequences if she did not pay the penalty. Her requests to continue her journey were rejected, and she alleged misbehaviour by the TTE.
When the train reached Aluva, Railway Protection Force (RPF) personnel removed her from the train, recorded her arrest, and released her on bail. A subsequent complaint revealed that her mobile number had been incorrectly entered at the booking centre, causing the reservation message to go to another person, who then cancelled the ticket online. The Railways advised the RPF to drop the case, which was later withdrawn.
The commission observed that evicting a woman travelling alone at midnight violated Section 139 of the Railways Act. It also noted that Smitha lost her contract-based government job due to the criminal case. The commission directed her to approach the government, and asked the Director of the Minority Welfare Department to decide on her application within a month.
If the compensation is not paid within six weeks, the Railways will have to pay 8% interest on the amount. The commission further ordered the Railways to issue a circular to TTEs and RPF personnel, reminding them of Sections 137 and 139 of the Railways Act, particularly regarding the protection of women passengers during night travel.