Stoning Running Trains: A concernment to Journey
Introduction
Rail is the name of one of the most popular transport methods in the world. It’s both a frugal and comfortable carrier. Rail communication is extended to almost every country in the world. Even where road transport is an insurmountable one, rail is accessible there. However, in spite of all the privileges, a slaying problem has appeared recently in respect of this transport named “Stoning”. Stoning on running trains has caused enough headaches for the concerned since it is being rapidly practiced by miscreants on running trains. This heinous stoning is taking many innocent passengers’ lives and injuring an untold number.
The Impugned Perpetrators
It’s not a rare scene for a passenger to witness a stoning on a running train. “Who are these roughnecks” and “why they stone on train” are not difficult questions to answer. Most of these stoners are either (i) slum-dwellers or (ii) minors or (iii) drug-addicted. A mass number of slum dwellers live illegally along rail line. There, they lead an inhumane life below standard parameters. Most of them are uneducated and unconscious of reasons. They don’t possess the conscience of ethics, or morality, or reason. That’s why they are unable to think about the deadly consequences of stoning a running train. Aside from that, governments are taking steps to evict these illegal slum dwellers. The eviction, which was supposed to be a deterrent to stoning, incites rage and vengeance within them1. As a result, they are resorting to stoning for meeting their rage.
Secondly, minors are prone to adventure. Sometimes, their maturity is so insufficient as to make them unable to differentiate between right and wrong. Their youthful excitement leads them to stoning in play, which is causing havoc elsewhere. A survey shows that underage children are 75% responsible for pelting stones at running train2. Then come the addicted one. Rail line is usually navigated through the thin populated area to minimise unnatural accidents. These places are usually isolated and secluded, which the addicted choose as suitable for their purpose. The perpetrators, being intoxicated, pelt stones at the passengers and cause havoc.
Unbridled Havoc Caused By Stoning in Bangladesh
The amount of stone thrown at running trains has increased fivefold in the last two years. It’s not only endangering the lives of the passengers but also damaging public property, i.e., windows and doors of the train. In 2021, 110 incidents of stoning on trains were recorded in 9 months. As a result, 29 people were injured, some of whom lost their eyesight or hearing capacity. 103 windowpanes of different train bogies were damaged3.
Punishments
The Railways Act, 1890
The Bangladesh Railway is primarily governed by the antiquated “The Railways Act, 1890.”It has many provisions which are not even harmonised for this age. It has stipulated a penalty for offences at that time, which is minimal in current times, and doesn’t affect the psychology of the offenders. Chapter IX of this act deals with the punishments for offences regarding rail transportation.
Wrecking Trains: Section 126(a) frames that if any person puts or throws upon or Across any railway woods, stones or other matter or thing with intent, or with knowledge that he is likely, to endanger the safety of any person travelling or being upon the railway, he shall be punished with imprisonment for life or with imprisonment for a term which may extend to ten years.
Malicious Hurt to Passengers: Another provision concerning stoning on trains is found in Section 127 of the act. It laid down that if a person unlawfully throws or causes to fall or strike at, against, into or upon any rolling-stock forming part of a train any wood, stone or other matter or thing with intent, or with knowledge that he is likely, to endanger the safety of any person, shall be punished with imprisonment for life, or imprisonment for a term which may extend to ten years. Here, “rolling stock” means any part of train in motion i.e. locomotive, carrier or any part thereof.
Wilful Omission: Section 128 of the act describes that if a person, by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling or being upon any railway, he shall be punished with an imprisonment for a term which may extend to two years.
Neglect: Section 129 says that if a person rashly or negligently does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon the railway, he shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. Mere excuse by the stoner that he was unaware of the consequences of stoning is inexcusable.
Offences by Minor
The heinous culture of stoning is usually practiced by minors living in by-rail slum. Under “The Penal Code,1860”, minors below 9 years are exonerated from criminal liability for the offence committed by them (section 82).But it’s an interesting matter that “The Railways Act,1890” didn’t exempt minor from such liabilities. It means if a minor, below the age of 9 years, commits any offences under abovementioned sections, he shall be liable to be punished. Stoning by a minor can also make liable his parents. Under section 130(1)it was held that if a minor under the age of twelve years is, with respect to any railway, guilty of any of the acts or omissions mentioned or referred to in any of the four last foregoing sections, he shall be deemed, notwithstanding anything in section 82 or section 83 of the Penal Code, to have committed an offence, and the Court convicting him may, if it thinks fit, direct that the minor, if a male, shall be punished with whipping, or may require the father or guardian of the minor to execute, within such time as the Court may fix, a bond binding himself, in such penalty as the Court directs, to prevent the minor from being again guilty of any of those acts or omissions. At the discretion of the court, the court may order the parents of the minor offender to execute bond for such amount as it deems necessary.
Pecuniary compensation
The abovementioned provisions deal only with criminal liability of the offender stoning the train. However, a person, who has suffered personal loss or injury with respect to traffic, while on the railway, can bring a suit for compensation against the railway administration for the injury or loss sustained by him. Section 80 of the act provides the injured victim with such right. Here, “traffic” means passengers or animal carriers of the respective train.
Penal Code, 1860
Murder: Section 302 of “The Penal Code, 1860” penalises a stoner if he, by stoning, causes death to anyone. In such a case, s/he shall be punished with death or imprisonment for life.
Grievous Hurt: Section 325 of “The Penal Code,1860” penalises grievous hurt if it causes permanent privation of the sight of either eye or the hearing of either ear, or dislocation of a bone or tooth, with imprisonment of either description for 7 years and fine. A stoner can be penalised by such punishment if his stoning causes such consequences to the victim.
Rash or Negligence
Causing grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or personal safety of others is punishable with 2 years, or with fine of Taka 1000, or both.
Criminal Force: Using criminal force to other intentionally to bring any substance (Stone) in such motion as to bring that substance (Stone) into contact with any part of that other’s body is punishable with imprisonment of either description for 3 months or fine of Taka 500 or both (Section 358).
Necessary Steps
Punishment can’t be said enough to prevent stoning. While one sustains injury due to stoning, punishment to the doer is ineffective to the victim since he can’t get back what he has already lost due to the injury. What is mostly needed along with punishment is that “Awareness”. Prevention is better than cure. Awareness campaign should be conducted among the slum dwellers on the heinous consequences of stoning. Legal awareness can be conducted at school or college so that it can play role affectively at the psychology of pupil. Besides, slum dwellers by rail line need to be evicted immediately since their living standards play a role in commitment of crime. However, their reallocation at a better place is a must before such eviction. Law enforcement agency can be deployed to monitor the rail track to ensure the safety of the passengers.
Conclusion
A train journey is undeniably an enjoyable one. It is full of stories and adventures. The recent culture of stoning is causing fear and concern among the public. It should be made safe and secure for everyone.
Writer: Fahim Uddin Raihan; Student, Dept of law, University Of Chittagong.
End notes:
- ‘চলন্ত ট্রেনে পাথর নিক্ষেপের মনস্তত্ত্ব’ (The Daily Star Bangla, 2022) <https://www.thedailystar.net/bangla/%E0%A6%B8%E0%A6%82%E0%A6%AC%E0%A6%BE%E0%A6%A6/%E0%A6%AC%E0%A6%BE%E0%A6%82%E0%A6%B2%E0%A6%BE%E0%A6%A6%E0%A7%87%E0%A6%B6/%E0%A6%9A%E0%A6%B2%E0%A6%A8%E0%A7%8D%E0%A6%A4-%E0%A6%9F%E0%A7%8D%E0%A6%B0%E0%A7%87%E0%A6%A8%E0%A7%87-%E0%A6%AA%E0%A6%BE%E0%A6%A5%E0%A6%B0-%E0%A6%A8%E0%A6%BF%E0%A6%95%E0%A7%8D%E0%A6%B7%E0%A7%87%E0%A6%AA%E0%A7%87%E0%A6%B0-%E0%A6%AE%E0%A6%A8%E0%A6%B8%E0%A7%8D%E0%A6%A4%E0%A6%A4%E0%A7%8D%E0%A6%A4%E0%A7%8D%E0%A6%AC-269116> accessed 16 April 2022
- Express T, ‘Mindless Stone-Throwing At Moving Trains: But Why?’ (The Financial Express, 2022) <https://today.thefinancialexpress.com.bd/features-analysis/mindless-stone-throwing-at-moving-trains-but-why-1633101735> accessed 16 April 2022
- ‘110 Incidents Of Stoning Trains Recorded In 9 Months: Minister – National – Observerbd.Com’ (The Daily Observer, 2022) <https://www.observerbd.com/news.php?id=333742> accessed 16 April 2022
