In the wake of the horrific train accident in Baleswar, the 2021 report of the Comptroller and Auditor General (CAG) of India ‘Derailment in Indian Railways’ has put the Railway Ministry is the back foot for not properly implementing the recommendations.
The CAG report stated, “There were shortfalls ranging from 30 to100 per cent in inspections by Track Recording Cars required to assess geometrical and structural conditions of railway tracks.”
The report’s (Para 2.2) recommended that , IR should ensure strict adherence to the scheduled timelines for conducting and finalisation of accident inquiries. The railways may develop a strong monitoring mechanism to ensure timely implementation of maintenance activities by adopting fully mechanised methods of track maintenance and improved technologies.
Railway Administration must follow the ‘guiding principles for deployment of RRSK funds’ to avoid fund constraints in the area of Priority-I works. It recommends that , IR may prepare the ‘Detailed Outcome Framework’ for each item of safety work as per the indicative outcomes to gauge whether the benefits derived out of the RRSK funds are in the conformity with the objectives behind the creation of the Fund.
The CAG report also flagged that the overall expenditure on Priority-I works from the Rashtriya Rail Sanraksha Kosh (RRSK) declined from 81.55% in 2017 -18 to 73.76% in 2019-20. The railway ministry had announced an allotment of Rs 1 lakh crore over a period of five years starting from 2017-’18 towards the RRSK a reserve fund for rail safety. The CAG) had pointed out to glaring disregard to safety by the railways as it spend 15 to20 per cent of the money (about Rs 2,300 crore) on non-priority areas (non-railway safety) from the RRSK.
Further, it was pointed out that a substantial part of the RRSK fund, aimed at improving rail safety was not utilised. The March 2021 CAG report noted that decline in fund availability and non-utilisation of available funds for track renewals led to 26% of derailments since 2017-18.
The report ,which looked into reasons behind trains going off the rails between April 2017 to March 2021, found that inadequate maintenance of tracks was one of the major contributor to such accidents.
Meanwhile, a public interest litigation (PIL) petition has been filed before the Supreme Court by a lawyer Vishal Tiwari, seeking the formation of a probe panel headed by a former apex court judge to probe the Baleswar mishap.
The PIL has sought the following directions to be issued to the Central Government and Indian Railways:
To review the current risk and safety parameters in the railways, find the root cause of the incident, and suggest 'systematic safety modifications', within two months.
Ensure implementation of Automatic Train Protection (ATP) system known as ‘KAVACH’ with immediate effect to ensure public safety
Such accidents amount to the violation of life and liberty guaranteed by Article 21, the petitioner stated.
"With unregulated and negligent actions, the respondent authorities have time by time shown the country that there needs to be a strict judicial intervention on this matter as it concerns public safety and life. This type of incidents holds multirole consequences in the form of other train cancellations and diversions of trains bringing in severe inconveniences. The damages of public properties are widespread which is ultimately the loss of taxpayers’ money of this country".
The petitioner further submitted that a separate compensation mechanism is required for such tragedies. The petitioner appealed for judicial intervention to “make Indian railways safer and protect the lives of hundreds and thousands from tragic train accidents”. The petitioner has also sought the issuance of guidelines or directions for the implementation of an automatic train protection (ATP) system called ‘Kavach’, which is indigenously developed by Indian Railways to prevent train collisions. According to reports, this system was not installed in the trains involved in the accident.
Recently in February 2023, the Principal Chief Operating Manager of South Western Railway zone had written to the authorities about ‘serious flaws’ in the signalling system. In a letter written after a train averted a head-on collision, the official warned that if glitches in the signalling system are not fixed, they could lead to “re-occurrence and serious accidents”.