States are liable for adverse law and order on the railways and the railway administration for its failure to provide an effective integrated coordinated approach in the matter.

In the scheme of the Constitution of India and rule of law based democratic system of our governance, law and order is a State subject. The Railways have to depend upon the States for security of rail passengers and rail journeys, which is overseen by the Government Railway Police (GRP). GRP is solely state police apparatus headed by an Inspector General of Police rank official in each state, which deals with all law and order related cases and crimes under Indian Penal Code and sisterly criminal laws on the railways. Added to this, Indian Railways' own chowkidari body known as Railway Protection Force (RPF), which guards railway assets, assists GRP in maintaining law and order on the Railways. RPF cannot even register First Information Report (FIR), which is the prime responsibility of GRP. Fifty per cent of the expenditure on GRP including their salary is borne by the Government of India. Apart from this, Indian Railways pays annual commercial taxes to States for train operations in their respective territory.

Given this scenario, experience shows that only those state police personnel, perceived to be inept, inert, inefficient and corrupt, are generally posted in GRP. The States cannot dispense with such police personnel because of the fetters of Article 311 of Constitution of India. So such police men are dumped on the railways. In addition, GRP is perceived to be not doing their job to secure rail passengers and services properly and effectively. On the contrary, GRP is there to milch the Indian Railways to their utmost. Besides, a large number of vacancies exists in the GRP. Of the total strength of GRP of about 41,000, its operational strength is less than 36,000, making the States culpable for worsening security on the railways.

As for the impugned ill fated Bhubaneswar Rajdhani train, it is learnt authoritatively that GRP was not escorting that train, a conspicuous laxity on the part of Orissa GRP on the East Coast Railway. As is well known to the people, naxals have been targeting Indian Railways for a long time now. They have often sabotaged rail services to the nation by blasting rail tracks, bombing stations, setting it on fire and indulged in untoward incidents, for which GRP is solely responsible. Its laxity and failure cannot be condoned. Naxals have also been targeting bulk movement of coal, minerals, food grains, fertilizers, steel and other core commodities. All these activities come within the purview of law and order for the failure of which State Governments are to blame. Added to this, Indian Railways have become soft target of miscreants, naxals, militants, subversives, insurgents, terrorists and saboteurs. Even aggrieved people against local authorities and State Governments, who go on strike, dharna, bandh and agitation target rail services, sabotage it to the detriment of the common good of the nation. As a matter of fact, Indian Railways are the most visible behemoth of the Government of India. States are required to ensure a secured and safe rail services to the nation. In view of such scenario, States cannot get away with such impunity. The onus to ensure law and order to provide secured and safe rail services vests in the State Governments.

In the recent past elite trains like Rajdhani and Shatabdi have been the naxal's targets. The travails of Rajdhani Express passengers began with the naxal triggered derailment of Kolkata Rajdhani at Rafiganj in Gaya district on Grand Chord in 2002 and since then it is never ending. Unless the Railway authorities take corrective measures, situation may worsen further and the Rajdhani passengers may switch over to the low cost airlines, making the railways losers. It may be recalled that Indian Railways have been losing upper class AC passengers to the low cost airways for more than one decade now, thus constraining the railways not to increase upper class fares. On the contrary, sops like reduction in fares, lottery system for upgradation of passengers from 3-AC and 2-AC to 1st AC, frequent traveler's scheme to earn points for subsequent concessional ticket etc. have been introduced to woo the passengers and retain them. Given the prevailing situation, such sops to passengers may not retain them for long as security to their life and limb is more important. And the States cannot escape their responsibility.

The RPF, which has evolved from chowkidari to a Central Para Military Force or a Force of the Union, is headed by a Director Genera, who is, generally, the senior most IPS personnel, who is required to coordinate with the DGPs of the States in securing rail services to the nation. It seems the current arrangement is not working effectively. May be because of complacency on its part or failure of the RPF to provide integrated coordinated approach to the problem.

The existing coordination mechanism or arrangement between the State police and RPF needs a relook for revamping it to secure rail services. If necessary, the Centre should convene a conference of State Chief Ministers in order to mount pressure on them to improve law and order on the Railways or face action in keeping with the Constitutional postulates. Over and above, Ministry of Railways should revamp its coordinative mechanism by putting in place a monitoring system. There should also be a constant dialogue between the Minister of Railways and State Chief Ministers on the one hand, and between Chairman, Railway Board and State Chief Secretaries, on the other hand. Similar mechanism for a constant dialogue between Director General, RPF and Directors General, States' Police must be put in place effectively to improve law and order on the Railways in order to ensure secured and hassle free rail services to the nation!

Indian Railways operate over 17,000 trains daily. The number of passengers traveling by trains everyday is 1.8 crore. The length of tracks on which trains criss-cross is about 64 thousand route kilimetres.#