Section 139: Power to remove persons

Text of Section 139:

1. Power to Remove Persons Failing to Pay Fare or Excess Charge: Any person failing or refusing to pay the fare and the excess charge referred to in Section 138 may be removed by any railway servant authorised in this behalf, who may call to his aid any other person to effect such removal.
2. Exemption for Passengers Removed from Higher Class:
   • First Provision: Nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket.
3. Special Provisions for Women and Children:
   • Second Provision: A woman or a child, if unaccompanied by a male passenger, shall not be removed except at the station from where they commenced their journey, or at a junction or terminal station, or at a station at the headquarters of a civil district. Moreover, such removal shall be made only during the day.

Detailed Explanation:

Section 139 of the Railways Act, 1989 provides the railway authorities the power to remove passengers who fail to pay the required fare and excess charges under Section 138. This power helps ensure that railway rules regarding fares and ticketing are adhered to, thereby maintaining order and fairness in the railway system.

Key Provisions:

1. Removal for Non-payment:
   • If a passenger refuses or fails to pay the necessary fare and any excess charges, an authorised railway servant has the authority to remove the person from the train. The servant may enlist the help of other individuals if necessary to ensure the removal.
2. Continuation of Journey in a Lower Class:
   • If a passenger is removed from a higher class carriage, they are not necessarily barred from continuing their journey. They are allowed to continue the journey in a carriage of the class for which they hold a valid pass or ticket.
3. Special Protection for Women and Children:
   • Special provisions apply to the removal of women and children who are unaccompanied by male passengers. In such cases, the removal can only occur:
     • At the station from where the journey commenced.
     • At junctions, terminal stations, or stations at the headquarters of a civil district.
     • The removal of women and children must occur during the day, ensuring their safety and protection.

Practical Impact and Interpretation:

• Enforcement of Fare Rules: This section gives railway authorities the necessary power to enforce fare rules and remove passengers who refuse to comply with the payment requirements. This helps ensure that passengers who do not adhere to the regulations are swiftly dealt with, preventing fare evasion.
• Passenger’s Rights and Safety: The section also ensures that removed passengers can still continue their journey if they have the correct ticket for a lower class. The provisions for the protection of women and children ensure that they are treated with dignity and safety during such actions, recognizing their vulnerability during travel.

Ethical and Legal Implications:

• Balance of Power: The section strikes a balance between empowering railway staff to maintain order and ensuring that passengers are not unfairly treated. The power to remove passengers is not unchecked, and provisions are in place to protect vulnerable individuals.
• Safety of Vulnerable Passengers: The requirement that women and children, when unaccompanied by a male passenger, can only be removed at certain stations and only during the day reflects a concern for their safety and well-being.

Conclusion:

Section 139 of the Railways Act, 1989 authorizes railway servants to remove passengers who fail to pay their fare or excess charges. While empowering the staff to maintain order, it also provides safeguards for vulnerable passengers, particularly women and children. These provisions ensure that the enforcement of railway rules is carried out fairly and with consideration for passenger safety.