The miserable living and working conditions of the constabulary in Delhi Police have been highlighted in many reports, but not much has been done to address the problems and prejudices faced by them.
Incidentally, even the focus of police reforms, introduced through judicial interventions, has been on high-ranking officers rather than the constabulary.
The key to solving this enduring problem, however, may lie in an eight-year-old lawsuit being fought by a Delhi Police constable in the High Court.
In 2015, Head Constable Babu Lal Mitharwal challenged the provisions of Section 22 of the Police Act, 1861, and Section 24 of the Delhi Police Act, 1978. He contended that utilising the shield of these statutory provisions, which state that police officers shall be assumed to be on duty for 24 hours of the day, Delhi Police was assigning duties of over 36 hours at a stretch to its personnel.
Mr. Mitharwal argued that it was “humanly impossible” to discharge duty for such an extended period of time.
After 30 hearings spanning eight years, the High Court recently ordered the Delhi Police Commissioner to constitute a specialised committee, if required, to examine Mr. Mitharwal’s suggestions for streamlining the working conditions of constables.
Long duty hours
Mr. Mitharwal has suggested that the duty hours of policemen in normal circumstances be eight hours a day with a weekly off. Duty beyond eight hours should only be done in case of exigency, he said.
Advocate Gyanant Kumar Singh, who represented Mr. Mitharwal in the High Court, said Section 22 of the Police Act, 1861, and Section 24 of the Delhi Police Act, 1978, confer “arbitrary powers” for fixing the duty hours of policemen. There is even a 2015 Delhi Police order mandating that policemen not leave the station even at night, Mr. Singh added.
The fifth report of the Second Administrative Reforms Commission, 2007, observed that the performance of police personnel is linked to their morale, which is linked to the environment and service conditions. “Long working hours, tough working conditions, the mechanical nature of the job, inadequate welfare measures and insufficient housing mean that the police officers are constantly under pressure, sapping their morale and motivation,” the report said.
In May 2018, the Uttarakhand High Court directed that State to ensure that policemen do not work for more than eight hours at a stretch. While interpreting the provision with respect to policemen being deemed to be on duty for all 24 hours, the High Court observed, “What it implies is that a police officer should be available for 24 hours, but it does not suggest that he has to work uninterruptedly for 24 hours.”
Mr. Mitharwal has suggested that Delhi Police be directed to issue an office order laying down guidelines on fixing duty and rest hours for policemen.
Manpower shortage
Given the 24-hour policing required today, Mr. Singh said there is an acute shortage of manpower in Delhi Police, but the same has not been addressed on account of economic constraints or other reasons.
The fifth report of the Second Administrative Reforms Commission, 2007, noted that 87% of all police personnel are constables and termed them “the cutting-edge functionaries of police” who are “usually the first interface of the police with the public”. It highlighted the unsatisfactory living and working conditions and “the demeaning manner in which constables are often treated by their superiors”.
“It is, therefore, not surprising that the self-respect, morale and confidence with which they start their career, get eroded in a very short time. Added to this is the continuance of the orderly system, which reduces constables to the status of domestic servants,” the report said.
‘Sensitising’ senior officers
Mr. Mitharwal said constables deserve better recognition for their work and should get timely promotions to keep them motivated. He suggested that “senior officers should be sensitised so that the constabulary and non-gazetted personnel are not humiliated and harassed”.
“Policemen should be removed from non-policing duties. No policeman should be engaged in domestic work of officers at their homes. Any officer deputing a constable for personal work should be proceeded against for misconduct,” he suggested, adding that constables and non-gazetted officers should be encouraged to report misbehaviour by seniors.
Further, Mr. Mitharwal suggested that a commission be constituted to look into the issues of the constabulary, as there has been no formal consideration of the matter since the 1966-68 Justice Khosla Commission.
