(1) A person suffering from such infectious or contagious diseases, as may be prescribed, shall not enter or remain in any carriage on a railway or travel in a train without the permission of a railway servant authorised in this behalf.
(2) The railway servant giving permission under sub-section (1), shall arrange for the separation of the person suffering from such disease from other persons in the train and such person shall be carried in the train subject to such other conditions as may be prescribed.
(3) Any person who enters or remains in any carriage or travels in a train without permission as required under sub-section (1) or in contravention of any condition prescribed under sub-section (2), such person and a person accompanying him shall be liable to the forfeiture of their passes or tickets and removal from railway by any railway servant.
Simplified Explanation
Section 56 of the Railways Act, 1989, grants railway authorities the power to prevent passengers suffering from infectious or contagious diseases from traveling in train carriages unless specific conditions are met. This provision is designed to safeguard public health by preventing the spread of diseases that could potentially harm other passengers. It establishes procedures for handling such cases and outlines the consequences for violating these rules.
Key Provisions:
- Prohibition on Travel for Persons with Infectious or Contagious Diseases (Sub-section 1):
- This sub-section prohibits individuals suffering from infectious or contagious diseases from entering or remaining in a railway carriage or traveling in a train without obtaining permission from an authorized railway servant.
- The diseases in question are “prescribed” by the railway authorities, meaning they are specifically identified by regulations set by the railway department. These diseases typically include those that pose a serious risk of transmission to other passengers, such as tuberculosis, influenza, or other highly contagious illnesses.
- The requirement for permission ensures that individuals who are infected do not spread diseases to other passengers and that proper precautions are taken.
- Conditions for Permission (Sub-section 2):
- If permission is granted by a railway servant, specific conditions must be imposed to protect other passengers.
- The railway servant must arrange for the person suffering from the infectious disease to be separated from other passengers in the train. This could involve providing special accommodations, such as isolating the affected person in a separate compartment or ensuring that they are not in close contact with others.
- The railway authorities may also impose other conditions to ensure that the risk of spreading the disease is minimized, which may include following sanitation or medical protocols during the journey.
- Consequences of Violation (Sub-section 3):
- If a person travels in a train carriage without the necessary permission, or in violation of any conditions prescribed under sub-section (2), both the person suffering from the disease and anyone accompanying them may face serious consequences.
- These include the forfeiture of their tickets or passes and removal from the train by any railway servant. This serves as a deterrent to discourage unauthorized travel by infected passengers and ensures that the rules are enforced effectively.
Application and Context:
- Public Health Protection: The primary aim of this section is to protect public health and prevent the spread of infectious or contagious diseases within the confined spaces of a train. Railways, being a high-traffic mode of transportation, can become an environment where diseases can spread quickly, making this provision critical for public safety.
- Discretionary Power of Railway Servants: Railway servants (such as conductors, station officers, or medical personnel) have discretionary power to assess whether a person with an infectious disease can travel, and under what conditions. This is important because it allows flexibility in managing cases where a person may need to travel due to emergency circumstances but also ensures proper precautions are taken.
- Accountability and Enforcement: The provision gives railway authorities the power to remove infected passengers from trains to prevent further risk to others. The penalties for non-compliance — such as the forfeiture of tickets and removal from the train — reinforce the seriousness of following the prescribed conditions.
Practical Examples:
- Example 1: A person showing symptoms of a contagious disease, such as a cough and fever, tries to board a train. The station master or train conductor notices the symptoms and denies them entry into the carriage unless they present a medical certificate or obtain permission to travel with special precautions, such as isolation from other passengers.
- Example 2: A passenger who is confirmed to have a contagious disease, like tuberculosis, obtains permission to travel by train, but the railway authorities arrange for them to travel in a separate compartment to prevent transmission. The passenger is required to follow all conditions, such as wearing a mask or maintaining distance from others.
- Example 3: A passenger suffering from an infectious disease boards a train without the required permission. Upon being discovered by the railway staff, the passenger is removed from the train, their ticket is forfeited, and they are not allowed to continue their journey.
Conclusion:
Section 56 of the Railways Act, 1989, is a crucial public health safeguard within the railway system, ensuring that persons suffering from infectious or contagious diseases do not pose a risk to other passengers. It establishes clear protocols for obtaining permission to travel, stipulates conditions for isolation or special arrangements, and imposes penalties for violations. By enforcing these measures, the provision helps maintain a safe environment for all travelers, reducing the likelihood of disease transmission in the railway system.
