The Madras High Court has upheld the restriction on sleeping berth timings in reserved railway coaches, holding that the rule, which allows passengers to use sleeping berths only between 10 pm and 6 am, ensures the convenience of all passengers travelling in the coach.
However, the court emphasised that passengers facing difficulties could approach railway officials to ensure that the safeguards under the manual were enforced. The court also noted that the appellant could have approached the Railway Protection Force (RPF) or other railway officials when his co-passenger refused to cooperate to ensure that the safeguards operated as intended. “The restrictions under Para 652 bear a reasonable nexus for ensuring convenience for all traveling passengers. The division bench noted that Para 652(d) sought to balance the convenience of all passengers travelling in reserved coaches. Under the provision, passengers can use sleeping accommodation between 10 pm and 6 am, while the remaining hours are reserved for sitting accommodation.
A solitary instance, where co-passengers declined to extend sleeping hours for the appellant’s unwell wife, does not justify invalidating a rule designed to serve the broader public interest,” the court said. This arrangement ensures that passengers allotted middle and upper berths also have adequate seating space during the day, the court said. “We, however, clarify that passengers experiencing difficulties can report them to railway officials, who are bound to ensure that the safeguards under Para 652(d) are properly enforced,” the high court said. However, the petitioner chose to challenge the validity of the provision without first seeking assistance from the authorities, it said.
