The Delhi High Court has dismissed a petition by the Union Ministry of Railways and ordered the immediate release of Rs 3 lakh in compensation, along with accumulated interest, to a survivor of a 2012 gang rape aboard a train in Bihar.
Justice Amit Bansal ruled on July 29 that the railway administration maintains strict liability for the safety of valid ticket holders on its premises, asserting that the involvement of private criminals does not absolve the authority of its statutory compensation duties. The decision vacates a May 2016 interim stay and requires the court registry to disburse the funds—originally deposited by the Railways—to the survivor within two weeks.
Court Rejects Railway Defense Arguments
In challenging recommendations issued by the National Human Rights Commission (NHRC), the Railways argued that the crime was committed by private individuals who were subsequently convicted, rather than rail staff. The ministry further contended that because the train was stationary at a station, law enforcement fell under the jurisdiction of the state government’s Railway Police, and that the incident did not constitute an untoward event under the Railways Act.
Rejecting those arguments, Justice Bansal clarified that Section 123(c) of the Railways Act defines violent attacks occurring on trains, platforms, or station property as untoward incidents. The court noted that whether the train was moving or stationary was irrelevant under the statute, which explicitly includes platform areas.
The ruling emphasized that Section 124A establishes a no-fault liability standard, making the Railways responsible for compensating valid passengers harmed in violent incidents regardless of whether the administration was guilty of neglect or default. The victim was confirmed to be a ticketed passenger travelling inside the train compartment at the time of the assault.
NHRC Authority Confirmed
The court also dismissed the ministry’s argument that the NHRC exceeded its jurisdiction and that claims could only be handled by the Railway Claims Tribunal.
Justice Bansal affirmed that the human rights body acted appropriately in recommending swift financial relief for a major rights violation. Citing prior legal precedent, the judge remarked that human rights commissions are empowered as active guardians of life and dignity, noting that while public authorities may challenge such recommendations in court, they cannot disregard them.
Decade-Long Legal Battle
The assault occurred on August 27, 2012, inside a passenger train parked at a station in Bihar. The survivor’s father lodged a complaint with the NHRC on March 9, 2013, prompting the commission to recommend Rs 3 lakh in compensation on April 30, 2014.
After reiterating its directive in July 2014 and January 2015, the commission rejected a formal challenge from the ministry on April 19, 2016. The Railways then appealed to the Delhi High Court. In May 2016, the High Court admitted the writ petition and stayed the NHRC directive on the condition that the ministry deposit Rs 3 lakh with the court’s registrar general. With the petition now turned down, that deposit and its interest will be transferred to the victim.
