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Case Law
2025-11-27
Subject: Constitutional Law - Public Interest Litigation
New Delhi: The Supreme Court of India has directed the Indian Railways to prioritize safety measures concerning tracks and railway crossings, demanding a concrete action plan with clear timelines. In a significant move towards passenger rights, the Court also questioned the disparity in accident insurance coverage between passengers who purchase tickets online versus those who buy them offline at counters.
The order was passed by a bench comprising Hon'ble Mr. Justice Ahsanuddin Amanullah and Hon'ble Mr. Justice K. Vinod Chandran while hearing a miscellaneous application concerning railway safety standards.
The Court was reviewing a report submitted by the Railways which flagged several safety-related issues. Appearing for the Union of India, Additional Solicitor General (ASG) Mr. Vikramjit Banerjee submitted that the report highlighted areas where the Railways had taken a "conscious decision" on safety.
However, the bench found the report lacking in specificity and urgency. Expressing the need for a more focused approach, the Court observed:
> "Having gone through the report, we are of the considered opinion that, at the initial stage, the focus should be on the safety of the tracks and the railway crossings, from which other aspects would emerge."
The Court noted that while the Railways indicated its proposed undertakings, "no definite timelines have been provided." Consequently, the bench directed the ASG to file a "better affidavit" focusing specifically on the two critical issues of track and crossing safety.
A crucial point was raised by Mr. Shikhil Suri, the learned Amicus Curiae (friend of the court), who highlighted a potential discriminatory practice in passenger insurance. He pointed out that passengers purchasing tickets online are offered an insurance cover for accidents, a benefit not extended to those who procure tickets offline from counters.
Taking cognizance of this issue, the Court has directed the Railways to provide a clear explanation for this difference. The order states:
> "Mr. Banerjee is required to take instructions as to the reason for this distinction between the two modes of procurement of tickets."
This directive puts the spotlight on the accessibility of safety nets for all passengers, irrespective of their access to digital platforms.
The Supreme Court has instructed the Indian Railways to file a further affidavit addressing the two primary safety concerns and the insurance disparity issue. While allowing the Railways to continue its overall improvement plans, the Court has made it clear that these specific points require immediate and detailed attention.
The matter has been scheduled for the next hearing on January 13, 2026 , with the Court indicating that the case will be given priority. The order signals a proactive judicial oversight aimed at ensuring the safety and equitable treatment of millions of railway passengers across the country.
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