ORDER In response to this Court's order dated 30th July, 2010, the Railway has submitted supplementary counter affidavit to answer the following two questions:- (i) Whether it is feasible to provide 1-2 interconnected general bogeys having toilet facilities in MEMU/DEMU/EMU trains? (ii) What medical facility, specially for the accident cases, can be provided at the stations? 2. In respect of providing toilet facility in the MEMU/DEMU/EMU trains, it has been stated that after thoughtful consideration it was found that toilet facility in above types of trains is not feasible. 3. However, in the same para i.e., para 8 of the supplementary counter affidavit, it has been stated that “However, in compliance of Budget pronouncement 2008-09, RCF (Railway Coach Factory) has manufactured and turned out the first MEMU rake of 8 cars, with toilets at either end in the trailer Coaches.” Therefore, it is clear that toilets can be provided in MEMU trains. It also appears from the above quoted para that the first plea may not be correct that the toilets in above three categories of trains is not feasible. It appears from the quoted para that feasibility of toilets in the above trains may have been considered only by considering the financial aspects or non-availability of funds. The affidavit clearly indicates that atleast two toilets at both the ends of such trains can be provided, provided funds are available. 4. Learned counsel for the railway tried to submit that these are the special trains which are light trains and which runs for a maximum distance of 150 k.m. only and stops at every station. 5. It does not help the railway in any manner in view of the fact that railway admittedly is issuing tickets for the maximum distance i.e. 150 k.m. and looking to the stoppage of the train at every station, it takes about 4-5 hours to reach the destination. Therefore, one can buy the ticket and travel in such trains up to the period of four hours. 6. Even otherwise also, if a passenger takes a ticket of a shorter distance, even then it is impossible for that person to board down from the train, go to toilet and come back.
Therefore, one can buy the ticket and travel in such trains up to the period of four hours. 6. Even otherwise also, if a passenger takes a ticket of a shorter distance, even then it is impossible for that person to board down from the train, go to toilet and come back. Stoppage of five minutes on each and every station of such trains may also cause accident and one of the case is in our hand where because of such reason only of nature call of daughter of the passenger, the passenger suffered grievous injury while boarding the train after easing out the nature call. Therefore, to avoid accidents of such nature, it is necessary that toilet facilities be provided in the trains and since the trains are short range and are having interconnected coaches, therefore, such facilities can be provided at least at both the ends of the train. Therefore, we direct the railway authorities and the Union of India to immediately look into the aspect of the matter and take a decision and submit before this Court that whether the toilet facilities can be provided as suggested by us and if not, then give the detailed reasons for not providing such facilities. 7. We are further conscious of the fact that large number of persons in India are suffering from diabetes as well as from prostate problems and they also travel in such trains and otherwise also, everybody is entitled to travel in a comfortable manner in addition to his need to meet the nature calls atleast. It will be relevant to mention here that now even buses in foreign countries are providing toilet facilities without saying that they can ask the driver to stop the bus at any place for the purpose of easing out as expected by the railway from the passengers of these trains where one can go down from the train and ease out on the railway track. 8.
8. We have also considered the reply to the second question with respect to providing medical facility to the passengers on each and every railway station and found that budgetary provision has been made for “A-1” category stations and doctors are appointed whereas for the B, C, D, E & F category railway stations, first aid facilities are provided by the railway and necessary training is also given to the Station Master and Guard for giving first aid. However, it is admitted case that no primary health centre is available in the railway station at least of the category B, C, D, E & F. This is now right time to consider extending of the primary medical health centre facility to the various stations, may it be in phase manner according to the availability of the funds in the budget of the railway but this exercise is required to be done after thorough consideration by the railway by taking positive steps by positive thinking of providing better facilities to the passengers. This issue also may be considered by the railway. 9. The respondent-railway is directed to submit a fresh affidavit with respect to providing toilet facilities in above trains and for that they may file an affidavit stating that by what time they can implement this and in what time they will be able to take a decision for providing medical facilities by providing medical health centres at railway stations, may it be in phase manner. 10. Put up on 6th August, 2012, as prayed.