A railway administration shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed.
Simplified Explanation
Section 68 of the Railways Act, 1989, addresses the transportation of animals suffering from infectious or contagious diseases. It provides the railway administration with the authority to refuse the carriage of such animals, ensuring the protection of other animals, passengers, and the overall health and safety of the public.
Key Provisions:
- Refusal of Carriage (Sub-section 1):
- The section specifies that a railway administration is not bound to carry any animal that is suffering from an infectious or contagious disease.
- The animals in question must have a disease that is prescribed by the relevant rules, which are likely determined by health and safety regulations to prevent the spread of diseases through railway transport.
- Authority to Refuse Transport:
- The railway authorities have the discretion to refuse to transport animals if they are suffering from any disease deemed to be infectious or contagious. This is a preventive measure aimed at avoiding the spread of diseases to other animals, passengers, or the railway infrastructure.
Practical Implications:
- Health and Safety Concerns: The main objective of Section 68 is to safeguard both human and animal health during rail transport. Animals with infectious or contagious diseases could pose a serious risk to other animals, the crew, and even passengers. Therefore, the refusal to carry such animals is a health and safety measure to protect the broader public and the animals themselves.
- Preventive Action: By empowering railway authorities to refuse the carriage of diseased animals, this section plays a critical role in disease control, ensuring that animals that may transmit infections do not enter the railway system, where the potential for spreading disease could be high.
- Regulation by Prescribed Diseases: The specific diseases that fall under this section are to be prescribed by relevant health and transportation authorities. This ensures that the list of diseases is updated according to new findings in public health or veterinary science.
Example:
- Example 1: A person tries to transport a cow that is suffering from foot-and-mouth disease, a highly contagious viral infection in animals. In such a case, the railway administration is within its rights to refuse to carry the cow due to the risk of spreading the disease to other animals that might be in transit.
- Example 2: If a pet dog is infected with rabies, the railway administration would be allowed to refuse to carry the animal, given that rabies is a contagious and potentially fatal disease that could affect both other animals and humans.
Conclusion:
Section 68 of the Railways Act, 1989, ensures that animals suffering from infectious or contagious diseases are not allowed to travel by railway, thereby helping to maintain public health and safety. The power to refuse carriage serves as a preventive measure to protect both people and animals from the spread of diseases during railway transport.
