Why not allow fully vaccinated citizens to travel by trains: HC to Maharashtra govt

The Bombay high court (HC) on Monday asked the Maharashtra government to consider setting up dedicated counters at railways stations to provide identity cards and travel passes to all those persons who are fully vaccinated

The Bombay high court (HC) on Monday asked the Maharashtra government to consider setting up dedicated counters at railways stations to provide identity cards and travel passes to all those persons who are fully vaccinated. The suggestion was prompted after the state informed the bench that it had decided to issue monthly, quarterly and six monthly railway passes to lawyers only after the bar associations concerned issued certificates confirming that the lawyer had been vaccinated and was fit to travel by suburban locals by observing Covid-19 protocols.

The bench said the railways should consider having dedicated counters to verify whether aspiring commuters were fully vaccinated and issue them identity cards. (HT FILE)

The court, while hearing the public interest litigation (PIL) filed by various lawyer groups, sought to know why access to public transport should be restricted to only lawyers while all persons who are fully vaccinated are denied the same. The court held that other persons also need to go out and earn a living but due to the restrictions on train travel have to opt for other modes of public transport which are already burdened and affected due to road and traffic conditions.

The division bench of chief justice Dipankar Datta and justice Girish Kulkarni, while hearing PILs filed by the Bar Council of Maharashtra and Goa (BCMG) and other lawyer groups, was informed by senior counsel Milind Sathe that they were seeking limited directions to the state government to consider around 1,000 practicing advocates as essential service providers and allowing them to travel by local trains to attend court and for other professional purposes.

While responding to the PIL, advocate general Ashutosh Kumbhakoni for the state informed the bench that a meeting of representatives of BCMG, state and Central governments with railway officials had been held recently. A tentative formula wherein lawyers wanting to travel by local trains had to approach the bar associations concerned and show their vaccination certificates based on which the association would issue them a certificate which they could produce at railway booking offices to secure passes.

Kumbhakoni, however, added that the railway authorities were requesting a letter from the state disaster management authority (SDMA) recommending this, but as the authority was headed by the chief minister who was slightly reluctant, only frontline health workers and certain government employees were permitted to take local trains at this stage. Kumbhakoni, however, assured the court that efforts were on to avail the letter from CM, who was visiting the flood-affected areas in the state.

After hearing the submissions, the court sought to why people should stay home after being vaccinated.

“They are supposed to work and earn their livelihoods. Courts have begun functioning physically, lawyers will go to courts. Railways are cooperating. Let us have a beginning not just for lawyers, but for people from other walks of lives too. Spread the net wide. We are concerned for lawyers and for others as well,” observed the court.

The bench then asked why the population travelling by buses could not be allowed to travel by trains. “It takes three hours one way to Dahisar [from south Mumbai]. Why is the entire population travelling by road cannot travel by train?” questioned the bench.

The bench further said that there was an urgent need to come out with a plan as it was affecting the lives and finances of people and hence the railways should consider having dedicated counters to verify whether aspiring commuters were fully vaccinated and issue them identity cards.

The court asked the state to inform its decision for access to local trains to lawyers and vaccinated persons by Thursday.