Kerala High Court
P.K.Satheesan vs Southern Railway on 6 July, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942
WP(C).No.20190 OF 2014(S)
PETITIONER:
P.K.SATHEESAN, S/O. KUNJU,
AGED 64 YEARS, SOUPARNIKA, IRINGALLUR,
GURUVAYOORAPPAN COLLEGE P.O,KOZHIKODE.
BY ADVS. SRI.P.CHANDRASEKHARAN PILLAI(VENNELA)
SRI. PRADEEP KUMAR C.M
RESPONDENTS:
1 SOUTHERN RAILWAY,
REPRESENTED BY VISIONAL RAILWAY MANAGER,
PALGHAT DIVISION(RW) PODANNUR, PALGHAT.
2 SECRETARY, SHORNUR MUNICIPALITY,
SHORNUR, PALGHAR DISTRICT, KERALA.
3 DISTRICT COLLECTOR, PALGHAT DISTRICT, KERALA.
R1 BY SRI.A.DINESH RAO, SC, RAILWAYS
R3 BY SENIOR GOVERNMENT PLEADER
SRI. SURIN GEORGE YPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.20190/2014 2
JUDGMENT
Dated this the 6th day of July, 2020 S.Manikumar, CJ Petitioner, who claims to be a social worker and a trade union leader, has filed the Instant public interest writ petition, for the following reliefs:
i. Issue a writ of mandamus or other appropriate writ, order or direction to the 1st respondent, to stop functioning of restaurants and eateries, including pantry cars at Shornur Railway junction till cleanliness is maintained;
ii. To direct the 1st respondent-Southern Railways, represented by Divisional Railway Manager, Palghat Division, to water trains with new short hoses as done in the past;
iii. To direct respondents 1 to 3-Southern Railways, represented by Divisional Railway Manager, Palghat Division; Secretary, Shornur Municipality; and District Collector, Kerala respectively, to stop manual scavenging immediately;
iv. To direct the 1st respondent to erect mechanical devices to clear tracks till the time train compartments are fitted with modern devices to deal with the problem;
v. To direct the 1st respondent to create a State Level Monitory Body with experts in the field to oversee the treatment methods for water supplied to Railway Stations;
vi. To direct the 1st respondent to erect scientific recycling process, both for sewage water and solid waste;
vii. To direct the 1st respondent not to discharge any waste item, treated or otherwise, to Bharathapuzha.W.P.(C) No.20190/2014 3
viii. To direct the 1st respondent to impose moratorium on construction of railway coaches with the old type dry latrines.
ix. To direct respondents 2 and 3, to monitor the directions to the 1st respondent in the matter on a permanent basis:
2. Short facts leading to the filing of instant writ petition are that,-
petitioner was overwhelmed by the inhuman activities and human rights violations, thrust upon the cleaning workers at Shornur Junction of Railway. He was perturbed by unclean atmosphere in the railway station.
According to him, manual scavenging is an activity banned by law.
However, against the constitutional provisions of human quality and dignity, railway is employing workers especially women, to clean up human excreta piled upon the tracks.
3. Shornur railway station is the biggest railway station in Kerala, where trains, especially long distance trains, stop for more time to shift engine. Said railway station is having an area with six or seven tracks and several restaurants as well as eateries are situated therein. Petitioner has contended that all the tracks therein are filled with dirt and human excreta, and the food prepared there is served in a most unhealthy situation. People have no other way, but to eat the food, in the said atmosphere, which according to the petitioner, would cause outbreak of catastrophic epidemics.
W.P.(C) No.20190/2014 44. Petitioner has averred that in past, watering the trains was done with short hoses connected with main pipelines on the track sides kept in an elevated position. Those hoses have holders on the pillars. According to the petitioner, the hoses used for filling water in train coaches and in pantry cars are lying on the dirty tracks or even in sewage water. There is no scientific method for recycling the dirt on tracks and it is being washed down to the sewage. Thereafter, it is simply discharged to "Bharathapuzha", endangering health of people, who access water from the river. Left with no other remedy, petitioner has filed this writ petition on the following grounds:
A. Shornur junction railway station became a large latrine pit due to the use of primitive train toilets at this junction. Railway authorities are using manual scavengers to clear up dirt by rudimentary equipment. The ambiance became so dirty and unhealthy. Even then, eateries and restaurants function as normal. Water used by the railway to clear trains, including the pantry cars, is so dirty and polluted. They have no scientific recycling process to manage the waste getting accumulated in the junction. Almost all waste, including the human excreta, is being discharged to Bharathapuzha, causing serious damage to the population on the banks of the river. In general, railway is violating all human rights guaranteed under the Constitution and other laws. Respondents become mere onlookers to these violations on passengers, general public and the cleaning workers. The W.P.(C) No.20190/2014 5 Constitutional provisions mentioned above and Human Rights parameters are violated by the respondents by the way they run the affairs of the Railway junction and through the apathy they shown in enforcing the legal responsibilities.
B. Petitioner has further contended that respondents are directly violating the provisions of the Prohibition of Employment as Scavengers and their Rehabilitation Act, 2013, which give responsibility to them to enforce the same.
C. The illegal and anti-human activities are run in open and in full view of all authorities, who are suppose to take action on it. But they, for all these years, did not do anything to improve the situation. With the increase in the number of trains and passengers, the situation is getting more and worse. In spite of protest by trade unions and the wide criticism through various media, railway authorities continue their apathy and callousness in the matter. The answer given by the railways and Shornur municipality, for the quarries in the matter under the Right to Information Act, would show how callous and rude they are in the matter. Railways even did not bother to answer the quarries also.
5. Chief Medical Superintendent, Medical branch of Palakkad Division of the Southern Railway, Palakkad Southern Railway, on behalf of the 1st respondent, has filed a counter affidavit, contending as follows:
(i) The sanitation and cleaning work at the Shoranur Railway Station has been outsourced by the Railway Administration on contract basis, through a public tender system, since April 2007. At present, the contract is awarded to Sri. Sreenivasan, Palakkad, who has engaged about 30 labourers for carrying out the work at W.P.(C) No.20190/2014 6 the Railway Station, Shoranur Junction, which includes cleaning of solid waste, muck, night soil from the tracks, platforms and premises and smearing them with lime power, bleaching power, applying repellents etc. Presently, the workers of the contractor along with 20 regular employees of the railways, under the Medical Branch, do the entire public health, cleaning and sanitation work, which is a round the clock activity.
(ii) It is further contended that, now tracks at Shoranur Junction Railway Station are laid on washable concrete aprons with drainage on both sides. The workers clean and wash the concrete aprons on regular basis, with high speed water jet machines and thereafter, they smear bleaching powder on the tracks to disinfect the whole area. The Railway Administration has been striving hard and has made all earnest and sincere efforts to implement clean, hygienic and eco-friendly surroundings, in and around the Railway Stations as well as in the coaches. Necessary public notices in all prominent places have been placed in the stations as well as coaches, appealing to the passengers, to keep the premises clean, neat and tidy. In this endeavor, litter bins have been placed at all prominent places, especially in front of canteens, restaurants, eateries and stalls on the platforms. There are similar waste bins installed in all coaches. Solution to any complex social issue and problem, especially regarding pollution and waste management, can only be implemented and achieved with the complete co-operation and full participation of the public. As is admitted by the petitioner, in paragraph 6 of the writ petition, that there is lack of civic sense and perception among the normal rail users, which has led to the problem as depicted in the photographs produced.W.P.(C) No.20190/2014 7
(iii) It is further contended that it is due to the lack of civic consciousness and awareness among the rail users, particularly the concern for others, that they indiscriminately litter the coaches as well as the platform. Trains halt at Shoranur Railway Station for longer periods than other Stations, for the purpose of shunting, cleaning of coaches, refilling of water etc. Hence, the passengers tend to use the canteens and eateries at the station more. Even though, best efforts are put in by the workers, during peak hours, especially when several trains arrive together, the passengers, after consuming food, indiscriminately litter the whole platform and track areas, by throwing their waste, cups, plates, food packets etc., which has aggravated the problem as discernible in the photographs produced in the writ petition. Special attention has also been given at the said station by the Medical Branch, by working around the clock, to eradicate and eliminate the issue caused by rail users.
(iv) Likewise, the Railway Administration is also putting their best efforts, to spread awareness to the passengers, by making public announcements, putting up public notices, maintaining litter bins, warning the users etc., to make them use the litter bins, instead of throwing the waste on the platform and tracks.
Moreover, the recent cleanliness drive launched by the Central Government across the country, including the railways, to maintain cleanliness and hygiene in all public places, has derived good results and infused a lot of civic sense and responsibility on the public. Even though it is specifically written in all the toilets attached to the coaches not to use the toilets while the train is not in motion, some of the passengers ignore such notices and indiscriminately use them, without caring about the hygiene and cleanliness. However, workers frequently wash the aprons using W.P.(C) No.20190/2014 8 high speed water jet machines and thereafter smear with bleaching powder and disinfect the whole area.
(v) First respondent has further contended that the workers carry out the work only by wearing all protective gears like foot wears, face masks, and gloves etc. It is with the aid of high pressure jet machines that the concrete aprons are cleaned and washed. The allegations that the hoses fall into the nearby sewage and the same are picked up with bear hands etc., are denied and the workers are instructed that they have to be more careful while handling it.
(vi) The allegations in paragraph 8 of the writ petition that the long hoses used for watering are ineffective for the reason that they fall into sewage, are denied. At the Shoranur Junction railway station, there are four hydrant lines between Platform Nos.1 and 2, 3 and 4, 5 and 6, and offside of Platform No.7. If short hoses are used for watering, it may not reach in case, the water tank inlet of coach is away from the valve. Hence, long hoses sufficient to water a coach up to the next hydrant valve is provided. The contractor is strictly instructed to ensure that the free end of watering hose is secured in the brackets after watering trains and not to put the hoses down to the floor. Regarding watering of Pantry Cars watering hoses are carried by Pantry Car staff in Pantry Car itself and taken away by them after watering. The imputation that the quality of the water used for pantry cars is not good, is denied. Ultra violet water filters are provided in the pantry cars, which ensure the purity of the water supplied.
(vii) First respondent has further contended that the food items from the eateries/stalls are collected randomly and sent for analysis, W.P.(C) No.20190/2014 9 and If any adverse things are reported, they are fined appropriately. The water sample is collected frequently by Health Inspectors, tested, and the quality is ensured. The allegation that they function in the most unclean, dirty, smelly and unhealthy atmosphere, that pantry cars are supplied with the same water, that the edges of the platforms are dirty, that the food venders keep the food trays on the platform, and the whole area is filled with smelly unhealthy air, which can lead to outbreak of catastrophic epidemic etc., are also incorrect and a figment of petitioner's imagination.
(viii) First respondent has further contended that the solid waste collected is destroyed using incinerator, installed less than a kilometer from the Railway Station. The said facility is self sufficient for the Station and was implemented for the reason that the Municipalities in the State do not accept waste accumulated in Railway Stations. As far as the waste water is concerned, the same is drained out into a big drain constructed within the Railway Station premises. After it is treated with chemicals, the residue is drained out into the Municipality drain. The imputation that the waste is discharged into 'Bharathapuzha', and the whole river is getting polluted for the said reason, is false and imaginary, and hence, denied.
(ix) All the contractors are insisted for statutory payments and contributions are made by the contractor, who employ the workers, as provided in the contract. There is no manual scavenging work carried out by any worker as alleged. The averments in paragraph 15 of the writ petition regarding the provisions of the Manual Scavengers and Constructions of Dry Toilet Prohibition Act, 1993, are not disputed. The allegations in paragraph 17 of the writ petition that railways have violated the W.P.(C) No.20190/2014 10 rights of cleaning workers, the general public living around the junction and on the banks of the river, and railway passengers in general, are vehemently denied. The 1st respondent is not in a position to state whether Exhibit P15 query was submitted in the right form to the statutory officer. The petitioner has an effective statutory remedy for redressal of his grievance, if his queries have not been answered as provided under the Right to Information Act.
(x) First respondent has further contended that the grounds that have been raised in the writ petition are reiteration of allegations made in the statement of facts, which have already been explained and denied. Railway Administration has not violated any constitutional provision or human rights parameters, as alleged in ground (B) of the writ petition.
(xi) Indian Railways, which is popularly known as the Lifeline of India, is the principal mode of transportation in the country. The Indian Railway transports millions of passengers everyday binding the social, cultural and economic fabric across the country. Indian Railway is one of the world's largest railway networks with 63974 route kilometers. With over 47,000 passenger coaches, there are more than one and half lakh coach toilets. Indian Railways is always committed to hygiene, which is its top most priority. Sincere efforts have been made by the Indian Railways, as a mission, to eliminate the problem of open discharge of human excreta on railway tracks. Over the years, the railway has researched, tested and implemented various modalities to effectively tackle the issue of open discharge. A mulch-pronged strategy for development of suitable bio-toilets has been under implementation. Trials have been conducted with technologies like onboard processing and retention-evacuation.
W.P.(C) No.20190/2014 11(xii) First respondent has further contended that after a detailed evaluation and research, it has been found that the designs will necessarily have to take care of Indian passengers habit of using excessive water in toilets, when compared to western countries where use of water is minimal or absent. Further, a major challenge in the design is to accommodate the passenger habit of using the train toilets as garbage bins. With excessive use of water, habit of passengers of throwing bottles, waste, clothes, sanitary napkins etc. into the toilets, the relative longer distance between stations, especially on long distance express trains, the retention tanks get filled up quickly and toilets get blocked, rendering it useless and emitting foul smell etc. Similarly, the weight of the four retention tanks on each coach, put extra load on the locomotive. Considering the vast differences in the operating environment of such toilets used elsewhere and operating environment in our country, action has been taken for developing indigenous solutions. Several trials have been carried out for the implementation of bio-toilets and a Memorandum of Understanding has been executed between Railways and Defense & Research Development Organization (D.R.D.O). A joint working group of Mechanical Engineers from both sides are working continuously to evolve an effective design.
(xiii) Bio-toilets have been inducted into the railway system in a phased and experiential manner, in different parts of the country. Railways have reached a take off stage due to the synergistic working between the railways and D.R.D.O. The railway is targeting elimination of coaches with open discharge system by the end of the 12 th Five year plan, ie, 2016-17, provided, no significance set back is experienced during the W.P.(C) No.20190/2014 12 development and induction process.
(xiv) In the long term, the railways have to come up with retro-
fitment solution and completely eradicate direct discharge toilet system in trains by the end of the 13 th Five Year Plan, Le., 2021- 22, provided, no significance set back is experienced during the development and induction process. At the cost of repetition, it is reiterated that the Railway Administration is taking all endeavours to maintain hygiene, cleanliness and a pollution free environment at the Shornur Junction Railway Station, to redress the grievance of the petitioner. In the above circumstances, the first respondent prayed for dismissal of the instant writ petition.
6. Heard learned counsel for the parties and perused the materials available on record.
7. In addition to the above contentions of the 1 st respondent, it is seen that the Ministry of Railways, Railway Board, Government of India, have issued guidelines dated 29.06.2020, for review of the cost of housekeeping of trains and stations, which are reproduced:
"GOVERNMENT OF INDIA MINISTRY OF RAILWAYS RAILWAY BOARD No.2018/EnHM/13/01 New Delhi, dt. 29.06.2020 General Managers All Zonal Railways Sub : Review of Cost of Housekeeping of trains and stations.
Railways have put in significant efforts in improving cleanliness of trains and stations, which is also being appreciated. Cleanliness is essential part of passenger service and must be carried out at W.P.(C) No.20190/2014 13 improved level. However, scope exists to review the increasing cost on cleanliness of trains and stations. There is a specific dashboard item to reduce this expenditure by half.
With the outbreak of Covid-19 pandemic, passenger carrying trains are likely to have lesser occupancy due to reduction of discretionary, non-essential travel. Lesser footfalls and 100% provision of bio-toilets in BG coaches is expected to reduce certain cleaning requirements at stations including reduced frequency of cleaning of washable aprons. However, requirements of frequent cleaning and disinfection can increase.
In the light of above, following actions may be taken for reduction/ control of expenditure,on housekeeping of trains and stations:
1. Critically review contracts where feasible, find alternatives.
Review area and work content. Practical feasibility like availability of space/ area/coach for cleaning work may be reviewed/ considered on case to case basis.
2. The requirement of workers may be critically assessed, keeping in view the area and work content, as minimum wages are being ensured. Housekeeping staff may be taken in unskilled and supervisor in semi-skilled category. They should however be trained in necessary skills including soft skills. Considering better efficiency, yardsticks provided for the Railway stall need not be followed for contractor's workers for outsourced activities. With rationalisation of work, wherever lump sum provisions are made, an indicative yardstick of around 1/3 of railways yardsticks may be followed for contract work. Some additional manpower may be provided for premium services as per requirement.
3. Leveraging technology and IT. e.g. linking bio-metric attendance to contractual payments, use of Shramik Kalyan portal to ensure payments to workers.
4. Mechanised cleaning contracts may be restricted to 325 NSG1-3 and 35 SG1 stations. Cleaning contracts should not be done for flag stations, suitable cleaning imprest may be made available. In case of seasonal requirement with very high W.P.(C) No.20190/2014 14 W.P.(C) No.20190/2014 15 W.P.(C) No.20190/2014 16 We have gone through the steps taken by the railways, as extracted above, and satisfied with the same. Giving due consideration to the same, there is no need to issue any direction, in the nature of mandamus sought for by the petitioner.
W.P.(C) No.20190/2014 17Placing on record the steps taken, this writ petition is disposed of. No costs.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY JUDGE krj W.P.(C) No.20190/2014 18 APPENDIX PETITIONER'S/S EXHIBITS:
P1 PHOTOGRAPH SHOWIG THE REAL CONDITION.
P2 PHOTOGRAPH SHOWING THE REAL CONDITION.
P3 PHOTOGRAPH SHOWING THE REAL CONDITION.
P4 PHOTGRAPH SHOWING THE REAL CONDITION.
P5 PHOTOGRAPH DEPICITING THE REAL CONDITION.
P6 PHOTOGRAPH DEPICITING THE REAL CONDITION.
P7 PHOTOGRAPH DEPICTING THE FOOD VENDERS CROSSING THE
TRACKS.
P8 PHOTOGRAPH DEPICTING THE FOOD VENDERS CROSSING THE
TRACKS
P9 PHOTOGRAPH
P10 PHOTOGRAPH
P11 PHOTOGRAPH
P12 PHOTOGRAPH
P13 PHOTOGRAPH
P14 COPY OF QUESTIONNAIRES UNDER RIGHT TO INFORMATION ACT
AND ANSWERS TO THE SAME BY MUNICIPALITY WITH ENGLISH TRANSLATION OF FIRST PAGE.
P15 COPIES OF THE LETTER OF QUERIES AND THE REPLY TO IT BY THE RAILWAY.
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO C.J.