The Madras High Court has upheld the Indian Railways’ restriction on sleeping berth timings in reserved train coaches, ruling that passengers can use sleeping berths only between 10 PM and 6 AM, Hindustan Times reported.
The court said the provision is intended to balance the convenience of all passengers travelling in the same coach, according to the report.
A division bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan dismissed an appeal challenging Para 652(a) of the Indian Commercial Manual, Volume I, which specifies the hours during which passengers can use sleeping accommodation, as per the report.
The bench reportedly observed that an isolated incident in which co-passengers refused to accommodate an unwell passenger beyond the prescribed sleeping hours was not sufficient grounds to invalidate a rule intended to serve the larger public interest.
“The restrictions under Para 652 bear a reasonable nexus for ensuring convenience for all travelling passengers. 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, as cited by the publication.
The appeal was filed by S Balasubramanian, a resident, who approached the court after an alleged dispute with co-passengers during a train journey with his wife.
According to his petition cited in the report, his wife was unwell and needed to use the sleeping berth beyond the stipulated hours. However, fellow passengers allegedly refused to accommodate her request.
Balasubramanian argued that the manual already contained provisions allowing pregnant women, persons with disabilities and sick passengers to seek accommodation from co-passengers according to their specific needs.
He contended that these safeguards were ineffective if passengers could refuse such requests and challenged an earlier single-bench order that had dismissed his petition against the provision.
Under Para 652 of the Commercial Manual, sleeping accommodation in reserved coaches is available between 10 PM and 6 AM, according to the HT report.
For the remaining hours, from 6 AM to 10 PM, the berths are intended to be used as seating .
The arrangement is designed to ensure that passengers allotted middle and upper berths also have adequate seating space during the day, the division bench observed, as per the report.
The said the restriction was intended to ensure that all passengers holding valid tickets could travel comfortably without one passenger’s use of the berth inconveniencing others.
It also noted that the railway manual provides safeguards for pregnant women, persons with disabilities and sick passengers who may require special accommodation.
While upholding the restriction, the clarified that passengers facing difficulties could approach railway officials to ensure that the safeguards under Para 652(d) of the manual were properly implemented.
“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 court said.
The bench also observed that Balasubramanian could have approached the Railway Protection Force () or other railway officials when his co-passenger allegedly refused to cooperate.
