Dear Srinand Jha Ji--
Thanks for getting to the root of problems behind most train
accidents in India.
Time has come for Govt of India to immediately
order Judicial probe into this accident and announce setting up of rail
regulator in India, and Independent Safety Organisation.
As other three modes of transport - Road, Air and Sea are
regulated by State RTO's, Director General Civil Aviatioon and Director General
Shipping, Indian Rail transports are regulated by Railway Board and
DMRC.
No where one can find such set where transport operator is self
- regulating itself and acting as judge in its own case.
As for rail accidents caused by Indian Railway Drivers ---
Please see the Hours of Work rules and Safety violation by Railway Board ---
1. Mr. KV Raghunath Reddy - Minister of labour - Govt of
India - on 13-08-1973--- signed a written agreement to limit drivers duty hours
to 10 hours in single duty.
This agreement was welcomed by the Parliament unanimously.
Railway Board without any legal authority -- changed duty hours
to 12 Hours + + 1 Hours + indefinite Hours duty in 1992.
2. There is no provision of time allowed for Food /
Refreshment / Natural call for railway drivers. --- Railways Act 1989 -
has no provisions. All workers-Including army men during peace duties are
allowed break for meals etc after maximum 05 hours of duty every where in the
world -- except Indian Railway Drivers.
3. Periodical rest -- (weekly rest) have very vague
provision of rest of 30 hours - 04 nos OR 22 Hours - 05 numbers in a calender
month -- but after how many number of days / hours the first/second/third/fourth
rest shall be provided is not mentioned --- application criteria of Periodical
rest is not mentioned in the Act.
4. There is no upper limit of night duties to be done by
engine crew -- no provision in the rules.
5. Railway Rules provide for train drivers can be put to work a
train after taking only 06 hours rest for last duty less than 8 hours, and
maximum rest hours of 08 hours are allowed even if the last duty is 12/13/14/--
upto 20 hours.
6. In most countries there is a complete ban on over time
working by train drivers in the interest of passenger safety, but indian
railway drivers are en couraged to work over time and are paid Over Time
allowance upto few thousand rupees a month.
7. Indian railway drivers are the most critical safety category
that have no protection of fixed duty hours/compulsory rest/fixed night
duties/time allowed for food etc, and hence have
become vulnerable for rail safety in India.
It is most important to see that
since independence even though there had been very high number of
accidents, only group C and D employees are punished for violation of safety
and accidents--- Not a single Group B and A officer have been
held responsible for any accident, there is no provision in the
rules to frame organisational responsibility upon administrators of
Indian Railway from Bottom to top. This system of No-Responsibility Regime
suits the caretakers of
Indian Railways, There fore no. of accidents are
happening with regularity.
All stake holders must understand one basic thing ----- Railway
Board is a business organisation but its chairman is entrusted with
powers to Issue Gazette Notification as Govt. of India being Ex-officio
Principal Secretary to the Govt of India. These Dual powers makes The Chairman
as Business Head - That causes train accidents and escapes any responsibility
being Executive of Govt. Of India.
The best solution is Put Railway Board under The Ministry of
Railways Headed by Principal secy. to Govt of India from IAS cadre only. Let
CRB report to Secy. Min. oF railways -- only then the responsibility of train
accidents can be independently fixed ,and railway board made answerable to
public directly.
Hope these issues shall find audience among all
concerned.
IRLRO is ready to provide our suggestions.
Thanks and Regards.
