Century-old law invoked to mandate separate compartment for women in trains during Eid

Women’s right to safe travel has been violated for more than a century, the court hears

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The High Court (HC) has directed the authorities to allocate a dedicated compartment for women on every passenger train ahead of the Eid-ul-Azha, following a petition that cited a century-old railway law.

The bench of Justice Fahmida Quader and Justice Asif Hasan passed the order on Tuesday after hearing a petition filed to ease the travel woes of female passengers during the holiday rush.

Lawyer Md Ajmal Hossain Khokon, who represented the petitioner, argued that although the 1890 Railway Act mandates separate sections for women in trains, the provision has largely remained ignored.

"Under Section 64 of the Railway Act of 1890, every train must have a compartment reserved for female passengers. For trains travelling more than 50 miles (80.57km), that compartment must also have an attached toilet," Ajmal said.

He added that Section 119 of the same law prescribes fines for any unauthorised entry into these coaches.

The petition was filed in 2021 by Supreme Court lawyer Momtaz Parveen.

While a rule was issued that year asking why separate coaches for women, children, and the elderly should not be mandatory, the matter remains pending.

The lawyer pointed out that while some intercity trains provided separate coaches for women between 2022 and 2023, the practice was discontinued during the last Eid-ul-Fitr.

"During the last Eid, there were no dedicated coaches. We saw women forced to climb onto train roofs, and male relatives having to carry them on their shoulders to help them board or disembark. It is a violation of their legal rights," Ajmal said.

"They have been deprived of this right for 130 years despite the law being in place. This is unacceptable."

While the initial plea included a request for separate seats for children, the court noted potential complications.

"The court observed that if a child is travelling with their father, separating them into a women-only coach might create difficulties," Ajmal explained.

"However, the court noted that women will naturally carry their children with them into the reserved compartments."