Advocate raises concern over punishment to four for using reserved lift

An advocate from Kandivli has taken up cudgels on behalf of the four youths who were handed a unique placardholding punishment by the railways for using an elevator at Virar station meant only for the visually challenged and senior citizens over a week ago Reena Richard a Bombay High Court lawyer has raised concern over the punishment and has questioned the legal credibility of their convictionIn her fivepage letter to Divisional Railway Manager Mumbai Central and Western Railway General Manager the lawyer has highlighted that the board displayed near the liftelevator stating that the lift is only for divyangjan and senior citizens is illegal and hence it shall be removed immediately She wrote the letter after midday published a story in this regard on October 12The four youth were convicted under section 155a of the Indian Railways Act and were given the option of six months imprisonment or community service by the mobile court railway magistrate RN Chavan at the Virar railway station The accused opted for community service and were given placards to raise awareness about the infrastructure use by the Railway Protection Force RPF to do so The youth stood at the railway station for two days October 6 and 7 with the placardsTwo of the four youth who were made to stand with placards at Virar railway station PicHanif PatelI want to know which section of the Railway Act or any other Act states that the lift can be used by handicapped persons and senior citizens only Richard questioned in her letterSection 1551 clearly refers to unauthorised entry of a person into a coach of the train wherein no berth of seat has been reserved by a railway administration for his use However in this case the four youngsters tried to enter an elevator said Richard adding What provisions of Railway Act have they violatedA senior railway official however told midday that the elevator is also sort of compartment At Virar railway station he said the elevator has been installed specially for senior citizen and speciallyabled people Also women in advanced stages of pregnancy can use this elevator Others are liable to be punished under Railways ActRichard pointed Liftselevators are installed only on few platforms of the Western Railway Only one lift is installed per platform on some stations Unless and until another lift is installed for the use of the common public the one sign only for the handicapped is unconstitutionalShe has also asked how young pregnant ladies injured young people people carrying luggage or anyone who is sick tired or fatigued use staircases at railway stations I would like to know which provision of the Railway Act prohibits all these people from using a lift Which section has the power to override the fundamental right to equality she addedShe urged the railways to take urgent action to remove the conviction on the youths and take steps to provide compensation to them for wrongful conviction and punishment The lawyer sent her assistant to collect a certified order of the copy but the officials evaded her requests said allegedRly staff noncooperativeMy staff went to the Virar railway station masters office on October 14 to enquire about the incident The onduty station master was not even aware of it though He told my staff to check with the Virar Mobile Court authority at Vasai Railway Station or the main RPF authorities she saidAdvocate Reena Richard Pic Hanif PatelMy staff went to the Mobile Court where the officer said that he couldnt find the case number and told my staff to ask the Virar RPF After waiting for hours nothing was revealed she addedRichard is set to visit Virar herself today to take a certified copy of the order to challenge it in a higher appellate courtPunishment for awarenessThe Divisional Railway Manager DRM Mumbai Central Sunil Kumar said I have not seen what letter has been given to my office related to the youth but the elevators have been installed for commuters who cannot use staircases The citizens should cooperateThe magistrate must have given punishment to spread awareness among commuters And it should be taken in a positive way Kumar addedGeneral Manager AK Gupta said I am yet to go through the letter given to my officeWe would not comment on the verdict The penalty or punishment has been in good faith said the Chief Public Relations Officer CPRO Western Railway Ravindra BhakarCatch up on all the latest Mumbai news crime news current affairs and also a complete guide on Mumbai from food to things to do and events across the city here Also download the new midday Android and iOS apps to get latest updates