Reconstitute Police Commission with retired Judge, legal experts, psychologist: Madras High Court

The Madras High Court recently ordered the reconstitution of the Police Commission, tasked with looking after issues concerning the welfare of policemen, so that it is headed by a retired High Court Judge and includes the membership of legal experts, psychologists and social workers ( Masilamani v. The Chief Secretary and ors ).

. Psychologists, psychiatrists and other experts, if made a part of the Commission, would be in a better position to understand the problems that ail the Police force and give remedial solutions, the Court said.

. The order was passed by a Bench of Justices N Kirubakaran (now retired) and Justice B Pugalendhi after noting that the constitution of a Police Commission with IAS officers heading the same is not sufficient compliance of the Court's earlier order in G Anandan and others v. State of Tamil Nadu.

. The Court observed that the G Anandan ruling had ordered the constitution of a Commission headed by a retired Judge of the High Court and comprising of "Psychologist, Psychiatrists, Social worker, Advocate who is an expert in service law, retired Police officials and serving Police officials to look into the grievance of the Police personnel and to suggest remedial measures"

. "The Police is facing lot of psychological and emotional problems due to constant work pressure. Therefore, this Court issues a direction to constitute a Police Commission headed by a retired High Court with legal experts, Social worker, a representative from public, apart from retired and serving Police officials and civil servants. The present constitution of Commission is not in tune with the order passed by this Court", the Court has said in its latest, August 19 ruling.

. The Bench added that it is not underestimating the work done by the Commission already constituted. However, it is approproate that the Police Commission be reconstituted in line with the G Anandan ruling, the Court said. This is to be done within three months after the reciept of a copy of the August 19 order, the Court further directed.

. In the course of the judgment, the Bench has also reiterated concerns that Police officials are struggling between the shortfall in staff numbers, tight working hours and the various roles that they have to perform.

."Police working round the clock, without a break": Madras High Court raises concern over stress, suicides, desertions in the Police force. " The traditional policing has become a past and the Police has to take many avatars, so that the people could lead a normal and peaceful life. For prevention of crimes as well as for detection of crimes, presence of Police is necessary ... When such is the importance of Police, it is stated that they are paid poorly, inspite of round the clock committed services ... For the services rendered by the Police, proper salary has not been fixed and anomaly has to be removed ", the Court observed.

. In the interest of the welfare of police personnel, the Court proceeded to issue a series of directions.

. The Court opined that there should be separate, i ndoor mechanism to deal with grievances of police personnel when it comes to promotions and other benefits they are entitled to " so that the Police personnel need not go to the Court and their problems."

. In view of concerns that the orderly system continued within the police force, despite it being formally halted in 1979 the Court also emphasised that the authorities should " not to make use of the Police force as orderlies. "

. When it comes to working hours , the Bench has emphasised that the State should ensure that the police follow an eight-hour norm in three shifts strictly.

. " There is no fixed working hours for the Police force for discharging their duty. Though it is stated 8 hours, practically it is 24 hours as they have to deal with many problems which are occurring in the Society. Therefore, 8 hour-norm in three shifts should be followed strictly ", the order stated.

. The number of Police personnel for each shift has to be fixed, the Court added.

. Further, even if Police personnel voluntarily opt to work extra time for remuneration, the same should not be given, the Court opined.

" Police personnel with an intention to get extra time remuneration would report to duty even on holidays. Therefore, the extra time remuneration should not be given for compulsory statutory holidays and the statutory holidays shall be strictly followed", the Court said.

. The desertions taking place within the police force was viewed by the Court as an indication that their service conditions are not good and that they are put to mental agony and hardship.

" Therefore, serious steps have to be taken by the Police higher officials to see that the grievance of the Police personnel are addressed and desertions are averted", the Court said.

The Court also expressed alarm that 31 police personnel had died by suicide in 2011 while 25 died by suicide in 2020.

" In the year 2011, 217 police persons died and in the year 2020, 200 police persons died. It would only go to show that their health was not properly looked after and they are not healthy. Therefore, Police should be given medical leave in time and also they should be provided with best possible treatments for their illnesses ", the Court went on to direct.

. The Bench emphasised further that earnest efforts should be taken to fill up vacancies , lest the service police personnel be put to hardship and made to work round the clock. The Court has ordered that steps be taken within six months to increase the strength of the police workforce.

" It is stated that Police and people population ratio is 1:563.1. Therefore, the ratio of Police has to be increased, in view of the increase in offences, law and order problems and crime detection and new types of offences like cyber crimes. That apart, Police has to deal with anti national elements and frequent agitations. Law and order problem has become a day to day affair and the Police has to be vigilant and therefore, the strength of the Police force needs to be increased. In this regard, steps should be taken within a period of six months from the date of receipt of a copy of this order ", the Court said.

. Another issue flagged was with respect to the insurance cover available for police personnel. The Court opined that the present coverage of is inadequate and ought to be increased. The Court added that the amounts given as ex gratia payments (Rs 15 lakhs for those who die in service and Rs 8 lakhs for those who are completely disabled) are also not enough.

" Life of the Police personnel cannot be estimated at the rate of Rs.15 lakhs. Atleast, a sum of Rs.25 lakhs has to be fixed as exgratia payment in case of death and Rs. 15 lakhs has to be fixed in case of total disablement. The amounts insured under Tamil Nadu Police Insurance Scheme is not adequate as it ranges from Rs.2 lakhs to Rs.10 lakhs and it should be made atleast minimum of Rs.10 lakhs to Rs.25 lakhs ", the Court said.

. On the issue of salary, the Court has opined that the State should consider paying police personnel at least 10% more, given the stress and risk accompanying their work.

. The Court also opined that the Police force should be modernized given the increase in the number and types of crimes, especially cyber crimes.

"... the candidates with qualification in various fields have to be selected for proper policing. Advanced gadgets should be available for the Police force and more amount should be allotted to the Police force for modernisation", the Court said.

. In parting, the Court added:

"The above comprehensive directions are necessary for efficient and committed Police functioning in the State. Then only, one could expect very good policing by the Policemen."

. The order was passed in a plea seeking directions to fill vacancies in the post of Constable and Sub-Inspector of Police in Tamil Nadu and to pay higher salaries to Police personnel.

. [Read Order]

Reconstitute Police Commission with retired Judge, legal experts, psychologist: Madras High Court

Meera Emmanuel

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