Thiruvananthapuram: The Kerala State Human Rights Commission has directed the Railways to pay ₹2 lakh compensation to a woman passenger who was forced to deboard a train at midnight and arrested on charges of travelling without a ticket, despite having a reserved ticket.

Commission Chairperson Justice Alexander Thomas ordered the Railways to pay the compensation to K Jayasmitha, a native of Erumapetty in Thrissur who is currently residing in Thiruvananthapuram, within one month. The Commission also directed the Railways to conduct an inquiry into the officials responsible for the incident and recover the compensation amount from them, if found liable, in accordance with the law.

The incident occurred on July 30, 2023, when Jayasmitha was travelling from Vadakkancherry to Thiruvananthapuram on train number 16348. She had a reserved ticket for berth number 41 in the S4 coach. However, upon reaching her berth, she found that it had been allotted to another passenger.

When she approached the Travelling Ticket Examiner (TTE), she was reportedly told that her ticket had been cancelled online. Jayasmitha questioned how a ticket purchased directly from Thiruvananthapuram railway station could have been cancelled online, but allegedly received no explanation.

The TTE subsequently offered her another berth if she paid a fine of ₹500. As she did not have the amount in cash, she sought details about who had cancelled her ticket without her knowledge or consent. According to her complaint, the TTE refused to provide the information and allegedly behaved rudely despite her request not to force her out of the train as it was already midnight.

At Aluva, she was handed over to the RPF, who arrested her on charges of travelling without a ticket. She was later released on bail. The passenger also alleged that the RPF officials behaved rudely towards her.

The Railways later withdrew the case after it was found to have been registered erroneously.

An investigation by the Senior Divisional Commercial Manager subsequently found that one digit in the mobile phone number provided during the reservation process differed from the number entered on the booking site. As a result, the confirmation message was sent to another person, who then cancelled the ticket online.

Jayasmitha, however, maintained that she had provided her correct mobile number on the reservation form and that the mistake was committed by the railway booking clerk.

The Human Rights Commission found violations of Sections 137 and 139 of the Railways Act in the incident. Justice Alexander Thomas observed that removing a woman travelling alone from a train at midnight amounted to a violation of Section 139 of the Act.

The Commission noted that the Railways' actions towards Jayasmitha, who lives alone, were unjust and violated her constitutional and human right to live with dignity.

Jayasmitha also informed the Commission that she lost her government contract job following the criminal case registered against her by the RPF. The Commission directed her to submit an application to the government regarding the loss of employment. It instructed the Director of the Minority Welfare Department to take a decision on the application within one month.

The Commission ordered that the compensation be paid within one month and directed the Railways to inform it in writing after making the payment. If the compensation is not paid within six weeks, 8% interest will be added to the amount.

The Commission also directed railway authorities to immediately issue and circulate instructions to officials on strict compliance with Sections 137 and 139 of the Railways Act. It stressed that the Railways must ensure the safety of women travelling alone at night.