[nukkad] PIL

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 Assassination: The extreme form of censorship. -George Bernard Shaw, 
writer, Nobel laureate (1856-1950)
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A friend asked me whether a PIL can be filed against railways. I 
answered in the negative. His letter and my reply are given below 
for inviting any comments from list members.

MC Gupta

Guptaji, 
I agree with your conclusion but not with your reasoning that Railways are
not violating any rules at present.   

You probably saw the problem as a PIL by a Railway passenger against the
Railway for not providing for proper waste disposal in Compartments. You are
right; he has no case on this issue. But if you look at the problem from the
perspective of people living along the railway tracks, there are reasons to
sue Railways.

Railways are indeed causing environmental and health hazards for people
living by the side of Railway tracks. As an entity engaged in commercial
activity, Railways have the vicarious liability for the damage caused to
nearby residents and their surroundings by railway users, under the law of
tort if not under the environmental protection laws. I am referring to the
huge amount of litter thrown off the trains including plastic bottles, cups,
plates etc. given to passengers by Railways.  Also, urine, shit, sanitary
napkins, etc get dumped along the tracks exposing people living in adjacent
area to unnecessary health hazards. You will agree that the 'right to life'
necessarily include 'right to healthy life' and therefore, Railways are
liable for clearing the litter they cause to be dumped along the tracks or
alternatively prevent such litter by providing proper waste disposal
arrangements within the train. Railway authorities behave as if they have no
responsibility in this regard. So, why not a PIL against Railways on behalf
of people living by the trackside?

But I agree with you that this is not a fit case for PIL. Probably those
very people also must be using Railway tracks as a place to defecate daily.
Even if they don't, it is well known that open defecation is quite common in
most parts of the country. So what are we complaining against? Also,
statistical presentation on plastic litter per km of railway track may not
present an alarming picture to the judge, though Railway's neighbours have
plenty to be concerned about the plastic litter. Municipal Corporations are
worse culprits than Railways in both these respects.  Also, PIL is an option
to be used carefully. If every trivial issue become subject of PIL, its
value as a weapon for Public Interest will be diminished. 

V.K.Venugopal




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