Text of Section 162:
If a male person, knowing or having reason to believe that a carriage, compartment, berth, seat in a train, or room or other place is reserved by a railway administration for the exclusive use of females, without lawful excuse:
- (a) enters such carriage, compartment, room, or other place, or having entered such place, remains therein; or
- (b) occupies any such berth or seat, having been required by any railway servant to vacate it,
he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which may extend to five hundred rupees and may also be removed by any railway servant.
Explanation and Analysis of Section 162:
1. Purpose and Context:
- This section aims to protect the rights of female passengers by ensuring that designated spaces (e.g., carriages, compartments, berths, seats) that are exclusively reserved for them are not misused by male passengers.
- The railway administration sets aside certain carriages, compartments, or seats for female passengers to ensure their comfort and safety while traveling. This provision ensures that such reserved spaces are not used by men, except under specific circumstances.
2. Offenses Under Section 162:
- A male person commits an offense if:
- (a) He enters or remains in a carriage, compartment, room, or other place that is reserved for females, knowing or having reason to believe it is for their exclusive use.
- (b) He occupies a berth or seat that is reserved for a female, despite being asked to vacate it by a railway servant.
- The law emphasizes the importance of respecting reserved spaces, as these are designated for the comfort and safety of female passengers.
3. Penalties:
- The penalties for violating this provision are:
- Forfeiture of pass or ticket: The male passenger’s ticket or pass may be confiscated, indicating the seriousness of the offense.
- Fine: The passenger can be fined up to five hundred rupees for occupying a reserved space meant for females.
- Removal by railway servant: A railway servant is authorized to remove the offender from the reserved space or from the train or facility.
4. Lawful Excuse:
- The section allows for a lawful excuse, which means that there may be valid reasons or circumstances where a male passenger can enter or occupy a reserved space. However, these situations are exceptions and would likely need to be justified.
5. Objective:
- The section aims to maintain order and respect for female passengers by ensuring that their designated spaces remain exclusive for their use.
- It also underscores the importance of gender-specific spaces for comfort and security, which is especially relevant in public transportation settings.
Key Points for Consideration:
- Scope: This section applies to male passengers who either enter or occupy spaces reserved for females.
- Types of Reserved Spaces: It applies to carriages, compartments, berths, seats or any rooms or places designated for the exclusive use of females.
- Penalties: The offender faces forfeiture of their ticket, a fine of up to five hundred rupees, and the risk of being removed by a railway servant.
- Lawful Excuse: A male passenger may enter such spaces only if they have a lawful excuse.
- Purpose: Ensures the exclusive use of reserved spaces for female passengers and aims to provide safe and comfortable travel.
Conclusion:
Section 162 of the Railways Act, 1989 is designed to protect female passengers by regulating access to reserved spaces. It prohibits male passengers from entering or occupying these spaces without a lawful excuse, ensuring the comfort, safety, and dignity of female travelers. Violations of this provision attract a fine, forfeiture of ticket, and the possibility of removal by railway staff. This provision supports the idea of designated safe spaces for women in public transport settings.
