In 1989, Samir Zaveri lost both his legs in an accident on the Mumbai suburban railways. Twenty-five years later, he is waging a war to ensure no one else does..Abhi maar diya ghanti toh kya karoo? [Now that I belled the cat, what can I do?] (laughs) Its a quick, hurried laugh. One of the first things that strike you about Samir Zaveri is his energy, this very real (and rushed) desire to do something. Anything. Barely has he finished his laugh, that he launches into the next case, the next PIL, the next scam, reeling out provisions of the law with a startling amount of ease..Hailing from Pathan in Gujarat, Samir Zaveri was barely 19 years old when he lost his legs in a train accident on the Mumbai suburban railway network..It is a network (also referred to as the “local”) of more than twelve hundred daily services across three lines – Western, Central and Harbour..As per an Observer Research Foundation report published in 2015, the locals transport 75 lakh people on a daily basis..Including Samir Zaveri..“Back then I would travel in the disabled compartment and meet other people who had accidents. When I would ask them what happened, the maximum number of people would say that this was because of the train accident. Then I did some more research and realised how many people die every day, how many accidents take place every day. The [bigger] picture began to emerge.”.This “bigger” picture is terrifying: in 2014, roughly 3,500 people died while travelling on the Mumbai locals, with more than 3,800 injured. That is more than ten reported deaths every single day of the year. And an equal number of injured..Worse, Samir Zaveri says that these deaths are preventable..“I started with the Constitution of India which our Railway Ministers swear to uphold. Article 21 is Right to life. But here, God knows how many people are dying. So where is this protection of life?”.Through RTI applications, Samir Zaveri began to dig out more and more information, such as the number of ambulances available, the kinds of medicines that are kept with a stationmaster etc. It wasn’t easy though. Not only did he have to face passive and active stonewalling, he also had to fight the pressure exerted by railway officials. And despite his written correspondences, and appeals, many a time he would be ignored..Which is when he decided to approach the courts. In fact, this decision was spurred on by one of the greats of the Bombay Bar, Jamshed Cama..“I met Cama saab through a common friend. I told him about how so many accidents are taking place but the authorities have simply failed to take any action. His first reaction was “So many people are dying? Lets do this” and he did it free of cost. In fact, he told me try and learn about law..Then I learnt about the RTI Act through people like Shailesh Gandhi who is my guru. [The RTI Act] is the best thing to happen. Whatever queries I would file before the Railways, I would submit the reply before the Bombay High Court.”.In 2008, he filed his first public interest litigation before the Bombay High Court. The goal of the petition was to ensure immediate medical treatment to accident victims..“One of the reasons for accidents was over crowding, the other was that there was no scope for immediate medical aid For instance right opposite Virar Railway station, there is a private hospital. But instead victims would be taken 35 kms away to a government hospital via train. During that “golden hour” no medical treatment could be provided. Most people would die due to loss of blood by the time they reached the hospital.”.In January 2009, the then Chief Justice Swatanter Kumar directed the Maharashtra government to provide ambulances at railway stations free of cost. Six years later, in March 2014, the government finally started 937 ambulance services..But issues such as lack of ambulances, and platform heights – both of which have received considerable media attention – are not the only problems Samir Zaveri has tackled head on..There are smaller, yet no less significant issues, such as making sure that first aid emergency box (present at each station) was used..“As per an RTI response, this [first aid] box is to have 66 medicines. So I asked how many times was this box used? The reply came that the first aid box can only be opened by a doctor. There is some merit there, after all the Station Master cannot have medical training as well.”.Through the High Court’s intervention, an Emergency Medical Room was set up in 2011 at Dadar station, one of the busier junctions. Almost immediately, the number of fatalities reduced. The court has recently directed the establishment of EMR’s in 27 more stations..Earlier this year, there was a tie up with Fortis Healthcare, through which injured passengers would be provided free medical attention..But even here, success was not easy to find. Samir Zaveri speaks about consent orders being appealed (resulting in a delay of two years), contradictory and vague affidavits, and an official machinery that simply refuses to accept responsibility..And a society that is unable (or unwilling?) to fight..“See the public is anyway harassed, what with increasing costs, this and that. People say, “Who will bell the cat? I belled the cat and I saw what happens. Abhi maar diya ghanti toh kya karoo? (laughs)”.And although courts do provide some succour, very often it is too little too late. He gives the example of Madhuri Anil Thalakiya, who lost her husband in a railway accident in 2001..In September 2013, the Bombay High Court overturned the finding of the Railway Tribunal which had dismissed Madhuri’s compensation claim. The High Court awarded compensation of Rs. 4 lakh plus interest.. “I tell people, Look she got justice, they ask me “Bhaisaab how long did it take?” I tell them 12 years, they say “Namaste” and leave. We need more courts, more judges. Like the RTI where we are supposed to get replies within 30 days else the officer will face penalties. If courts are able to adjudicate quickly, only then will people go there.”.And to add to this is the geographic distance between the Railway Minister (whose Ministry overseas the locals), and the city of Mumbai..“Railway Ministers of different States would never be able to understand how Mumbai suburban works. They have to come here, use the railways and then they may be able to understand. See there is so much difference. Suburban trains pick up train so quickly, passengers disembark and get on the train.”.This lack of “local” knowledge is despite the fact that the Mumbai locals generate a substantial amount of money for the Indian Railways. Samir Zaveri says that as per the Railway’s own figures, the Mumbai locals generated 1,500 crore as surplus revenue; but “all of it goes to Delhi, nothing comes back.”.The Mumbai locals also generate substantial revenue of the illegal kind; says Samir Zaveri, Yaha malai hai malai .In 2010, Samir Zaveri filed a PIL against the “fake bail bond” scam of Kurla station. An unmarked passage connects the local station to the LTT Terminus – passengers using this passage would be accused of trespass, and produced before a “court”..“An RPF halwaldar would pretend to be a magistrate, have a fake magistrate’s seal. Bail bonds of five hundred rupees would be issued – all fake. Now of course, everyone from the bottom to the top must have known whats going on.”.Then there was the case of a prostitution racket run from the Railway’s rest house on Marine Lines railway station..“Two years ago, I had submitted an article about Marine Lines Station. There is a three-storey rest house for railways officials. Five Star. There, a full-time brothel was being run. There are CCTV cameras. You think the vigilance departments would not have known about this? .Finally, the Mumbai police raided and caught them. What should be done is not being done. What should not being done is being done.”.So what keeps the man going? A number of things. One, officials within the railways, the “good guys” who are silent but willing to help..“The good officers have begun to associate with me, to talk to me. Now obviously they could not do so openly. But there are good people, some very good people. Otherwise the railways would have been finished a long, long time ago.”.Two, his belief that the problems are not unsurmountable..“I am an SSC pass from a Gujarati medium school. I am not a well read man but I know nothing is impossible. Why cant we take care of overcrowding through technology? There is that saying na, where there is a will there is a way?”.Three, his faith in the judiciary..“With two hundred and fifty rupees, I can file a PIL. No matter how big anyone is, I can fight against them in open court, the hearing is in open court. If you are not satisfied with an order, you can go in appeal.”.Four, perhaps the most powerful reason of them all, is his desire to give back to society..“During my accident, it was the public that took me to the hospital. They ended up saving my lifeI never got the chance to thank them, I never met them again. Today, I am doing something to help them back. That is the ultimate goal.”
In 1989, Samir Zaveri lost both his legs in an accident on the Mumbai suburban railways. Twenty-five years later, he is waging a war to ensure no one else does..Abhi maar diya ghanti toh kya karoo? [Now that I belled the cat, what can I do?] (laughs) Its a quick, hurried laugh. One of the first things that strike you about Samir Zaveri is his energy, this very real (and rushed) desire to do something. Anything. Barely has he finished his laugh, that he launches into the next case, the next PIL, the next scam, reeling out provisions of the law with a startling amount of ease..Hailing from Pathan in Gujarat, Samir Zaveri was barely 19 years old when he lost his legs in a train accident on the Mumbai suburban railway network..It is a network (also referred to as the “local”) of more than twelve hundred daily services across three lines – Western, Central and Harbour..As per an Observer Research Foundation report published in 2015, the locals transport 75 lakh people on a daily basis..Including Samir Zaveri..“Back then I would travel in the disabled compartment and meet other people who had accidents. When I would ask them what happened, the maximum number of people would say that this was because of the train accident. Then I did some more research and realised how many people die every day, how many accidents take place every day. The [bigger] picture began to emerge.”.This “bigger” picture is terrifying: in 2014, roughly 3,500 people died while travelling on the Mumbai locals, with more than 3,800 injured. That is more than ten reported deaths every single day of the year. And an equal number of injured..Worse, Samir Zaveri says that these deaths are preventable..“I started with the Constitution of India which our Railway Ministers swear to uphold. Article 21 is Right to life. But here, God knows how many people are dying. So where is this protection of life?”.Through RTI applications, Samir Zaveri began to dig out more and more information, such as the number of ambulances available, the kinds of medicines that are kept with a stationmaster etc. It wasn’t easy though. Not only did he have to face passive and active stonewalling, he also had to fight the pressure exerted by railway officials. And despite his written correspondences, and appeals, many a time he would be ignored..Which is when he decided to approach the courts. In fact, this decision was spurred on by one of the greats of the Bombay Bar, Jamshed Cama..“I met Cama saab through a common friend. I told him about how so many accidents are taking place but the authorities have simply failed to take any action. His first reaction was “So many people are dying? Lets do this” and he did it free of cost. In fact, he told me try and learn about law..Then I learnt about the RTI Act through people like Shailesh Gandhi who is my guru. [The RTI Act] is the best thing to happen. Whatever queries I would file before the Railways, I would submit the reply before the Bombay High Court.”.In 2008, he filed his first public interest litigation before the Bombay High Court. The goal of the petition was to ensure immediate medical treatment to accident victims..“One of the reasons for accidents was over crowding, the other was that there was no scope for immediate medical aid For instance right opposite Virar Railway station, there is a private hospital. But instead victims would be taken 35 kms away to a government hospital via train. During that “golden hour” no medical treatment could be provided. Most people would die due to loss of blood by the time they reached the hospital.”.In January 2009, the then Chief Justice Swatanter Kumar directed the Maharashtra government to provide ambulances at railway stations free of cost. Six years later, in March 2014, the government finally started 937 ambulance services..But issues such as lack of ambulances, and platform heights – both of which have received considerable media attention – are not the only problems Samir Zaveri has tackled head on..There are smaller, yet no less significant issues, such as making sure that first aid emergency box (present at each station) was used..“As per an RTI response, this [first aid] box is to have 66 medicines. So I asked how many times was this box used? The reply came that the first aid box can only be opened by a doctor. There is some merit there, after all the Station Master cannot have medical training as well.”.Through the High Court’s intervention, an Emergency Medical Room was set up in 2011 at Dadar station, one of the busier junctions. Almost immediately, the number of fatalities reduced. The court has recently directed the establishment of EMR’s in 27 more stations..Earlier this year, there was a tie up with Fortis Healthcare, through which injured passengers would be provided free medical attention..But even here, success was not easy to find. Samir Zaveri speaks about consent orders being appealed (resulting in a delay of two years), contradictory and vague affidavits, and an official machinery that simply refuses to accept responsibility..And a society that is unable (or unwilling?) to fight..“See the public is anyway harassed, what with increasing costs, this and that. People say, “Who will bell the cat? I belled the cat and I saw what happens. Abhi maar diya ghanti toh kya karoo? (laughs)”.And although courts do provide some succour, very often it is too little too late. He gives the example of Madhuri Anil Thalakiya, who lost her husband in a railway accident in 2001..In September 2013, the Bombay High Court overturned the finding of the Railway Tribunal which had dismissed Madhuri’s compensation claim. The High Court awarded compensation of Rs. 4 lakh plus interest.. “I tell people, Look she got justice, they ask me “Bhaisaab how long did it take?” I tell them 12 years, they say “Namaste” and leave. We need more courts, more judges. Like the RTI where we are supposed to get replies within 30 days else the officer will face penalties. If courts are able to adjudicate quickly, only then will people go there.”.And to add to this is the geographic distance between the Railway Minister (whose Ministry overseas the locals), and the city of Mumbai..“Railway Ministers of different States would never be able to understand how Mumbai suburban works. They have to come here, use the railways and then they may be able to understand. See there is so much difference. Suburban trains pick up train so quickly, passengers disembark and get on the train.”.This lack of “local” knowledge is despite the fact that the Mumbai locals generate a substantial amount of money for the Indian Railways. Samir Zaveri says that as per the Railway’s own figures, the Mumbai locals generated 1,500 crore as surplus revenue; but “all of it goes to Delhi, nothing comes back.”.The Mumbai locals also generate substantial revenue of the illegal kind; says Samir Zaveri, Yaha malai hai malai .In 2010, Samir Zaveri filed a PIL against the “fake bail bond” scam of Kurla station. An unmarked passage connects the local station to the LTT Terminus – passengers using this passage would be accused of trespass, and produced before a “court”..“An RPF halwaldar would pretend to be a magistrate, have a fake magistrate’s seal. Bail bonds of five hundred rupees would be issued – all fake. Now of course, everyone from the bottom to the top must have known whats going on.”.Then there was the case of a prostitution racket run from the Railway’s rest house on Marine Lines railway station..“Two years ago, I had submitted an article about Marine Lines Station. There is a three-storey rest house for railways officials. Five Star. There, a full-time brothel was being run. There are CCTV cameras. You think the vigilance departments would not have known about this? .Finally, the Mumbai police raided and caught them. What should be done is not being done. What should not being done is being done.”.So what keeps the man going? A number of things. One, officials within the railways, the “good guys” who are silent but willing to help..“The good officers have begun to associate with me, to talk to me. Now obviously they could not do so openly. But there are good people, some very good people. Otherwise the railways would have been finished a long, long time ago.”.Two, his belief that the problems are not unsurmountable..“I am an SSC pass from a Gujarati medium school. I am not a well read man but I know nothing is impossible. Why cant we take care of overcrowding through technology? There is that saying na, where there is a will there is a way?”.Three, his faith in the judiciary..“With two hundred and fifty rupees, I can file a PIL. No matter how big anyone is, I can fight against them in open court, the hearing is in open court. If you are not satisfied with an order, you can go in appeal.”.Four, perhaps the most powerful reason of them all, is his desire to give back to society..“During my accident, it was the public that took me to the hospital. They ended up saving my lifeI never got the chance to thank them, I never met them again. Today, I am doing something to help them back. That is the ultimate goal.”
