Now, FIRs against trespassers killed while crossing rly tracks

MUMBAI/ THANE: As a last-ditch attempt to curb track crossing, which has caused more than 80% deaths on Mumbai Railways last year, the Government Railway Police (GRP) have now started registering offences against the trespassers who have died on the tracks.
According to the GRP, registration of offences against the deceased will make it clear "who is at fault" and minimise the possibility of compensation being awarded to the next of kin. But activists have cautioned that the move may come across as insensitive and the focus should instead be on creating stronger infrastructure for commuters.

Trespassing is a punishable offence under the Railways Act. The Railways have tried every trick in the book to convince commuters not to put their lives at risk, but in vain. Of the 1,752 deaths on Mumbai railways last year, 1,114 people were killed while crossing railway tracks.
The decision to register offences is to deter others from endangering their lives, the police said.
"As per protocol, we have always been investigating the cause behind every death on the railways, whether it is a result of track crossing or any other reason like falling out of an overcrowded train or death by suicide," said Manoj Patil, DCP (GRP). Earlier, every accidental death on the railways was recorded under a common head. "But now we have started to slap cases under IPC Section 304 (culpable homicide) against commuters killed while crossing tracks with an intention to discourage such behaviour," Patil said.
More than a dozen offences have been recorded in the past few weeks. Among those who were booked under IPC Section are a 14-year-old boy from south Mumbai slums who was crossing tracks at Sandhurst Road when a train hit him and a 39-year-old Diva resident who was hit by a train while crossing tracks despite the level crossing being shut.
"We decided to take a str-ong step of registering offences so that it sends a clear me-ssage that the trespasser has willingly put himself at risk. His family will not be able to make a compensation claim at the Railway tribunal," said GRP commissioner Quaiser Khalid. He added that the police would also map the areas where these offences are being registered so they could identify track-crossing hotspots and formulate strategies accordingly in future.
Lawyer-activist Adesh Bhagat said the police's intention to curb trespassing was genuine, but the issue needs to be treated in a sensitive manner. "Police should be careful to not add to the grief of the deceased's family by slapping an offence against him/her. One has to bear in mind that in areas like Diva, many people are forced to cross the tracks due to inadequate infrastructure. The railways should first provide wider bridges and then penalise those found trespassing," he said.