Text of Section 144:
- Prohibition on Hawking and Canvassing:
- Hawking or canvassing for custom, or exposing any article for sale in a railway carriage or on any part of a railway, is prohibited unless it is done under a licence granted by the railway administration.
- Punishment for Violation:
- Imprisonment for up to one year, or
- A fine up to two thousand rupees, or
- Both imprisonment and fine.
- Minimum Fine: In the absence of special reasons to the contrary, the punishment shall not be less than a fine of one thousand rupees.
- Prohibition on Begging:
- Begging in a railway carriage or at a railway station is prohibited.
- Punishment for Begging: The punishment is the same as that provided in sub-section (1), which includes a fine and/or imprisonment.
- Power to Remove Offenders:
- Any person violating the provisions in sub-section (1) or (2) may be removed from the railway carriage, any part of the railway, or the railway station by an authorized railway servant.
- Railway servants may seek assistance from others to carry out the removal.
Explanation and Analysis of Section 144:
1. Prohibition on Hawking and Canvassing:
- Hawking refers to the practice of selling goods in public places, while canvassing refers to soliciting business or advertising. In the context of railways, these activities can disrupt the travel environment and pose safety and security risks.
- Licence Requirement: The section makes it clear that hawking and canvassing are only permissible if the individual holds a licence granted by the railway administration. This ensures that such activities are regulated and controlled to prevent chaos and ensure passenger safety.
2. Punishment for Violation:
- The penalties for violating this section are designed to deter individuals from engaging in unauthorized selling or soliciting activities on railway property.
- Fine and Imprisonment: The provision allows for a fine up to two thousand rupees, with a minimum of one thousand rupees in the absence of adequate reasons. The imprisonment for up to one year further emphasizes the severity of the violation.
- The varying severity of punishment reflects the need to address both minor and serious violations.
3. Prohibition on Begging:
- The law also addresses the issue of begging within railway premises, considering it disruptive and potentially harmful to passengers’ comfort and safety. Begging can also pose public health concerns, especially in crowded spaces like railway stations and carriages.
- The same penalties apply to begging as they do to hawking and canvassing, aiming to maintain order and decorum within railway stations and carriages.
4. Removal from Railway Property:
- To enforce these provisions, railway servants have the authority to remove offenders from railway premises, including stations and carriages. If necessary, they can call on others to assist with this removal. This ensures that offenders can be swiftly dealt with and removed from the premises to maintain order.
Key Provisions and Interpretation:
- Regulation of Commercial Activity: The section seeks to regulate any commercial activity, such as selling goods or soliciting customers, on railway premises. This is done to prevent chaos and disruption of services, ensuring the safety and comfort of passengers.
- Public Order: Begging and hawking can create disturbances in public spaces, particularly in crowded areas like trains and stations. By penalizing these behaviors, the law seeks to maintain public order and prevent the exploitation of passengers in vulnerable situations.
- Need for Licensing: Allowing hawking and canvassing only with a license ensures that such activities are carried out in an orderly and controlled manner. Unauthorized vending or soliciting could lead to disorder and affect the smooth functioning of railway operations.
- Penalties as Deterrence: The punishment for these offenses is significant (up to a year in prison and a fine), which acts as a strong deterrent to prevent individuals from engaging in such activities without proper authorization.
- Power of Removal: Railway servants and authorized persons have the power to remove offenders, ensuring that any violation is swiftly dealt with, thereby maintaining the integrity of the railway environment.
Practical Implications:
- Ensuring Passenger Comfort and Safety: Prohibiting unauthorized hawking, begging, and canvassing ensures that passengers travel in a secure and comfortable environment without facing disturbances from illegal commercial activities or solicitation.
- Controlling Unauthorized Businesses: Unauthorized hawking and solicitation can lead to unfair business practices and exploitation, particularly in crowded railway stations. This section ensures that only those with proper authorization engage in such activities.
- Enforcement of Public Order: The penalties and power of removal granted to railway officials are essential in maintaining order and cleanliness in public transport systems, contributing to a safe and efficient travel experience for all passengers.
Legal and Ethical Implications:
- Respecting Public Spaces: The law reinforces the importance of respecting public spaces, ensuring that the rights of other passengers are not infringed upon by individuals trying to make a profit through unauthorized activities.
- Balancing Economic Interests and Public Order: While some individuals may rely on hawking or begging for their livelihood, the law prioritizes public order and safety in a heavily regulated space like the railway system. The provision of licenses offers a way for those seeking to sell goods to do so within a regulated framework.
Conclusion:
Section 144 of the Railways Act, 1989 serves to maintain order and safety in railway premises by prohibiting unauthorized hawking, canvassing, and begging. It sets out penalties for those engaging in these activities without a proper license and grants railway authorities the power to remove offenders from the premises. The section aims to ensure that railway stations and carriages remain orderly, secure, and free from disruptions caused by unauthorized activities.
