Policemen's pay and all that

Our police force: Deserving a better deal. PHOTO: AFP

The reality as of now is that the reactive and aggressive postures of policemen have not undergone any change for the better but equally true perhaps is the fact that the pay and emoluments of the policemen have not experienced meaningful increase for the over-all good of the society. However, significant change has been felt elsewhere, particularly in the rising expectations of the general population. In an independent polity, the policemen are expected to be respectful towards the democratic values. They have to behave gently and be sensitive and compassionate to the women and children. The important question is whether the currently approved pay and allowances contribute to the inculcation of the right attitude on the part of our policemen in our democratic society.

Distinguishing factor
A policeman is expected to have a physical constitution which is sound in every way. The duties the police have to perform are varied and exacting. These duties are increasing and will still increase in variety and complexity. A persons, therefore, cannot make a good policeman unless his general intelligence, memory and powers of observation are distinctly above the average. He should be of good character, humane and courteous and should possess moral, mental and physical qualities not ordinarily required in other employments.

When a policeman is appointed he is entrusted with powers which may gravely affect the liberty of other people and therefore, he must at all times be ready to act with tact, caution, discretion and on his own initiative and responsibility in different contingencies. The burden of individual discretion and responsibility placed upon a constable is much greater than that of any other public servant of subordinate rank.

The policeman stands in a special relationship to the community. He claims to be and is the principal agent in the prevention and detection of crime of all kinds and generally holds a position of trust. This trust has to be maintained. Therefore, it is considered essential that the sense of obligation to the public should be preserved in the police at all costs. These considerations are fundamental to the status of the police and the pay they should receive. The report of the police post-war committee of the UK, 1949 observed that they were "satisfied that a policeman has responsibilities and obligations which are peculiar to his calling and distinguish him from other public servants and municipal employees." The same committee considered the police "entitled thereby to special consideration in regard to their rate of pay and pensions."

In various ways a policeman is subject to social disabilities by reason of his employment. He has to impose upon him certain restrictions which do not exist in ordinary employments and hardly apply in the same degree even in the case of other public servants. On account of his nature of duty a policeman is often restricted in his choice of a residence. In view of the special temptations to which policemen are exposed his remuneration should be such as will not add to his temptations the difficulties and anxieties incidental to an inadequate rate of pay.

The policeman incurs certain special expenses by reason of his employment. He requires good and sustaining food and the cost of his house-keeping is increased by the irregularity of the hours at which he has to take meals. The police responsibilities are more exacting now than they were in the yesteryears and are not likely to become less. The submissions made in the foregoing paragraphs must be in the forefront of the minds of the government in deciding about the emoluments of the policemen.

Job description, pay and discretion
There is a feeling that in the past due consideration was not shown to policemen, particularly the lowest rank (constable) with regard to his pay vis-a-vis equivalent position in other services. Despite the fact that the constabulary forms the cutting edge of our police administration and is the foundation and base of the entire police structure (75% of the total force) the constable has always been accorded a relatively low status in public service in terms of pay and otherwise. The undeniable fact, however, is that in the past as always the constables have displayed utmost loyalty and dedication to the call of duty even in the most trying conditions. While there is no rational basis for comparing the services rendered by equivalent positions in other government departments, the ground reality is that the constables continue to be equated with the unskilled labour in our national pay structure and also in people's mind. Against this backdrop, let us see for a while the duties of constable as stated in the Police Regulations of Bengal and a significant power conferred on him in the criminal procedure code of the country.

As per regulation 208(a) "Constables at police stations may be employed in the execution of warrants, for escorts and guards, for the patrolling of dangerous roads or other areas where the prevention or detection of crime necessitates it, for the regulation of crowds and traffic, and under orders of a superior, in the suppression of riots and disturbances." Section 54 of the Criminal Procedure Code, amongst others, says, "Any police officer (constable inclusive) may, without an order from a Magistrate and without a warrant, arrest any person who has been concerned in any cognisable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned." A constable is not empowered to investigate offences but being a police officer he can make an arrest without warrant as mentioned above. He can also make an arrest without warrant under section 34 of the Police Act 1861, when any of the offences specified therein is committed within his view.

It is, therefore, obvious that the constable's duties are not limited to mechanical tasks but include duties which have to be performed with understanding, tact, sympathy and firmness. Often he has to deal with situations all by himself until seniors arrive. The importance of the constabulary lies in the fact that they constitute the major part of the force, are the first to come into contact with the general public and the impressions of the people regarding the conduct of the constabulary contribute greatly to the image of the police. To the non-affluent sections of our population the constable is the visible symbol of authority and they expect him to use the authority for safeguarding their rights and rendering assistance in the solution of their problems.

The conditions of service of constables were found to be so demanding that the Bangladesh Police Commission of 1988-89 reiterated the need for giving a day off to the police personnel in subordinate ranks once in a week in the interest of health, vigour and efficiency of the force. The commission found out that due to exigencies of public service and more so on occasions of religious and others festivities police personnel cannot enjoy most of the government holidays because they have to be deployed in large numbers to maintain peace and order on such occasions.

Rationale for better pay
If we do not want inefficient and irresponsible policemen with sloppy and slovenly manners then it is high time that their rates of pay record manifold increase to attract the appropriate personnel. What we need is a trim and skilled force as distinct from the present adhoc labour-intensive approach. We may not require more personnel but we definitely need better service conditions made possible through large injection of fund for pay and allowances. While pay is not the exclusive determinant of honesty and efficiency, it is a primary contributor towards the attainment of such qualities. The daily rigour of service throughout the year takes its toll and we have to be cognisant of that.

In order for our constable to be humane and respectful towards the human rights of others it is necessary to ensure a decent living for him so that he does not stoop low and performs his duties with a high head and in an upright manner. The life style of majority of our policemen is like that of the ordinary folks of the country. They deserve a better deal at the earliest.

Let us remember that of all the public services, the police alone can exercise direct influence on the individual citizen. The police have been given discretion in order that they can be effective and responsive to the needs of the public. Their role calls upon them to make quick, perceptive judgements in the thick of conflict and in the glare of public scrutiny and errors of judgement on their part can cause irreparable harm. Law enforcement involves constant interaction with human beings. Human nature itself is very complex and has no set pattern. Policing in modern society, therefore, calls for a deep insight into human behaviour and pragmatic approach.

The job analysis conducted by the Productivity Council of India has shown that the average working hours of the subordinate police officers are usually from ten to sixteen everyday, seven days of the week. What our leaders should bear in mind is that the police, due to the inherent nature of their duties, cannot be allowed to form trade unions for collective action for the expression of their grievances and thus it remains the responsibility of the government to keep in touch with the feelings and difficulties of the members of the force in order to provide timely redress as and when called for.

Muhammad Nnurl Huda is former Inspector General of Police and Secretary to the government