SC Seeks Details on Protective Measures, Including ‘Kavach,’ to Prevent Train Accidents

The Supreme Court on Tuesday sought to know from the Centre about the protective measures in place or proposed to prevent train accidents in the country, including the ‘Kavach’ automatic train protection system.

A bench of Justices Surya Kant and K V Viswanathan was hearing a petition concerning safety measures for preventing train accidents.

The court directed petitioner Vishal Tiwari to provide a copy of his plea to the office of the Attorney General. The bench requested the Attorney General to inform the court about the protective measures, including the ‘Kavach’ scheme, already implemented or planned by the government. The matter was scheduled for a hearing after four weeks.

Tiwari, emphasizing the issue of public safety measures, mentioned a train accident in Odisha’s Balasore district in June the previous year, which resulted in 288 casualties. He highlighted the government’s launch of a protection system to prevent train collisions. The petitioner raised concerns about the financial implications of implementing the ‘Kavach’ system nationwide, stating that such considerations have a direct impact on passengers.

The court observed, “Everything has a correlation with the financial aspect because ultimately the burden will be passed on to the passengers.”

Tiwari argued that the government, despite running numerous projects, should prioritize the life and safety of people. The plea seeks the establishment of an expert commission to analyze and review risk and safety parameters in the railway system and suggest safety modifications. It also calls for guidelines for the immediate implementation of the ‘Kavach’ system in Indian Railways.

The petition contends that the non-implementation of the ‘Kavach’ system has resulted in a significant loss of life and damage to public property, implying gross negligence and breach of duty of care by the authorities. Additionally, it seeks specific directions for the enforcement of Railway Accidents Protective measures and strengthening these measures to prevent future accidents and safeguard the fundamental right to life and liberty under Article 21 of the Constitution.

Citing train accidents over the past three decades, the plea emphasizes the slow response of authorities in developing safety enforcement mechanisms against collisions and accidents. It stresses the urgent need to install the ‘Kavach’ protection system without which no train movement should continue.

The petition was filed shortly after a crash involving Bengaluru-Howrah Superfast Express and Shalimar-Chennai Central Coromandel Express occurred in June last year near Bahanaga Bazar station in Balasore, resulting in casualties among the approximately 2,500 passengers and a goods train.