How a law enforced post 1857 revolt affects the lives of Indian police today

No society can do without 24x7 policing but it should not be at the cost of the health and well-being of policemen who make it possible and are with you, for you, always.

A legal provision in the Police Act of 1861 and a corresponding section in the Delhi Police Act, 1978 which bind policemen to make themselves available for duty round-the-clock on all seven days of the week are set to be tested before the Delhi High Court on the touchstone of the fundamental rights guaranteed under our Constitution.

While the Delhi High Court has decided to look into the constitutional validity of Section 22 of the colonial legislation and Section 24 of the Delhi Police Act on a writ petition filed by an aggrieved Delhi Police constable, such provisions which can be used to force a policeman to work for unreasonably long hours without proper breaks should have no place in a civilised society. Preparedness is a must for any uniformed force but the problem is the absence of safeguards against exploitation and provisions for recompense for extra work.

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In what adds a new chapter to the debate on police reforms, Babu Lal Mitharwal, who joined the Delhi Police as a constable in 2003, has contended in his petition that the provision in the 155-year-old Police Act and its post-Independence version in the 1978 Delhi law violates his Fundamental Right to Life guaranteed under Article 21.

Though Mitharwal has relied merely on the broad ambit of Article 21, the provisions, in the absence of proper guidelines for manpower management, may also fall foul of Article 14 as they leave scope for harassment and arbitrary exercise of power in allotment of duties.

Section 22 of the 1861 Act reads: "Every police officer shall, for all purposes in this Act contained, be considered to be always on duty, and may at any time be employed as a police- officer in any part of the general police district."

The Delhi Police Act has a similar provision in Section 24, according to which policemen are deemed to be always on duty and are liable to employment in any part of Delhi.

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With the police force in India still being governed by the 19th century Police Act enacted in the aftermath of the 1857 revolt or subsequent post-Independence versions primarily based on it, several committees, studies and reports have suggested holistic reform to make policing more efficient and responsive. Though such recommendations have provoked serious debates, not much changed with reform being in the realm of policymaking which is the prerogative of the executive.

While hopes are high with the court having already sought response from the Centre, the Delhi government and the Delhi Police, the least the case is expected to do is to add a new chapter to the debate by highlighting that reform should not just benefit the society but policemen as well.

If the high court finds merit in the petition pointing to the harm being caused to physical and mental health of policemen, this would be the second time some reform could take place on account of judicial intervention.

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The Supreme Court, while ordering reform, had in 2006 issued some directions aimed at minimising political interference and enhancing efficiency in functioning. Most states abided by the order in letter but not in spirit. The intervention had been sought after the government did not implement the recommendations of the National Police Commission constituted in 1977 after police excesses during Emergency.

The Centre during the pendency of the matter constituted the Sorabjee committee which drafted a model police Bill in 2006.

The Sorabjee committee, the petition points out, had recommended an average of maximum eight hours of duty which could be extended up to 12 hours in certain exceptional circumstances if adequate compensation and facilities were provided. The model law provides for healthcare, housing, insurance, special allowances and other benefits.

The report by the Gore committee, constituted by the government in 1971, records that the average working hours of subordinate police officers were "usually 10-16 every day, seven days of the week". "The constabulary is, therefore, largely concentrated in barracks," it said.

An increase in workforce and efficient manpower management to diffuse the pressure of work can ensure 24x7 policing without having a toll on policemen.

(Courtesy of Mail Today.)