A retired policeman has filed a Public Interest Litigation in the Supreme Court seeking directions to the Central Government to make appropriate provisions for the payment in terms of Additional salary, or incentives to the Police Personnel’s and ensuring their safety across the country.
The petitioner, Bhanupratap Barge is a retired Assistant Commissioner of Police and has prayed that directions be given to the Government of India and State Governments to make provisions for the payment of ‘risk and hardship’ allowance, incentives in form of bonus, additional salary to the police officers who are presently serving on the frontline in view of the present lock down situation due to the COVID 19 outbreak.
The petitioner said that police personnel functioning in the country fall under the control and responsibility of the Respondents. Under these circumstances, when entire country has been kept in lockdown, and the citizenry have been forced to stay indoors, the police officials who have been thus deployed are not only responsible for maintaining law and order situation, but also to ensure that the lock down is followed strictly which is also putting the police personnel, along with health officials, directly in the front line, and making them vulnerable to contracting Covid-19.
As some of the zones in the country, especially in Pune, Mumbai, Delhi, etc. have been declared containment areas, therefore increasing the need and responsibility of the police personnel to ensure that these areas continuously remain under lockdown, strictly and this is going to lead to a further work force by the police personnel to ensure that the Covid-19 is not spread, thereby subjecting their own person to risk.
Various incidents of Police Personnel’s getting infected with Novel Coronavirus during duty mentioned by the petitioner on the basis of news report which includes, a head constable of age 56 years old in Hyderabad was detected with COVID 19, and had been admitted to a local hospital for treatment, a traffic policeman in Delhi was tested positive for COVID 19, old constable in Virar, Mumbai, was tested positive for Covid-19, two police officers tested positive for COVID 19 and were made to stay at hotels, an ASI of the Delhi Police who was posted at AIIMS tested positive for COVID 19, and thereafter over 30 police personnel were placed in quarantine.
“Although some State viz State of Haryana and State of Telangana have sought to encourage and appreciate the efforts of the Police personnel’s by paying them double salary, at the same time few States have infact in a way penalised the officers by deducting their salaries upto 25% to 35% which is detriment to the interest and moral of several officers who are on field trying to contain this deadly virus which has taken several lives across the Globe”, mentioned by the petitioner.
It was further stated in the petition that the police force across the country is working over-time, and is working in hazardous conditions, the police personnel are being subject to immediate risk of the disease being on the frontline, next only to doctors and medical staff. Moreover, the police personnel are charged not only with the duty of the ensuring the conditions of the lock down are maintained, but also to ensure that the law and order is maintained, thus putting not only their persons at high risk, but their families.
The comparison was made in the petition with the medical staff and doctors who are being provided with all the protective gear, etc. Whereas, the police personnel are often found only wearing mask and patrolling, while baring the onset of the summer heat, to ensure that things are smooth.
The petitioner says that there is no such scheme that would secure hazard pay or any additional compensation for the police personnel, who are risking their lives, as well as the lives of those who come into contact with them (like family members), to fight the said disease and to ensure that the people at large, across the country are safe.
The petitioner also seeks directions to all the State Governments to, on ad hoc basis recruit persons who are physically fit, to ensure that the police officials are not burdened. This will help ease some of the pressure and stress that is being thrust upon the police personnel currently, and in furtherance of their rights under Articles 14, 19 and 21.
On deduction of salaries of the Police Personnel’s, the petitioner said that it will only act as punitive and onerous as the officers are working tirelessly to contain the spread of the disease and such deduction of salaries is bound to have a negative impact on the morale of thousands of officers and staff working in these tough times
“As per the United Nations (Salaries, Allowances, Benefits & Job Classification) reports, Hazard pay is a form of compensation granted to staff members who have been requested to remain and report for work in duty stations where very hazardous conditions including epidemic”, said in the petition.
The petitioner also highlights that several countries are already considering paying Hazard pay to first responders of COVID 19 and considering the magnitude of COVID-19 have also passed legislation to this effect as per the report available in public domain. The petitioner states the example of Birmingham, United Kingdom, in which the Birmingham City Council approved a 5% hazard pay raise for about 2,000 city employees, including those in the fire and rescue and police and corrections departments and in India, according to the 7th Pay Commission recommendations hazard or risk pay is a form of extra compensation given to employees for performing dangerous duties.
Therefore, the petitioner made prayer to give direction to the Respondents to make provisions for the payment ‘risk and hardship’ allowance, incentives in form of bonus, additional salary to the police officers who are presently serving on the frontline in view of the present lock down situation due to the COVID 19 situation in the country.
-India Legal Bureau