Coming straight to the nub of the matter, let me begin first and foremost by pointing out that in a landmark judgment with far reaching consequences, the Uttarakhand High Court in Arun Kumar Bhadoria v State & others in Writ Petition (PIL) No. 48 of 2017 decided on May 15, 2018 directed the State Government to ensure that a police personnel does not work for more than eight hours at a stretch. Police personnel too should be given time to rest as they too are human beings and not superman! This is exactly what the Uttarakhand High Court too reiterated in its landmark judgment.
Court takes note of poor state of constabulary, the first interface with public
In the United Kingdom most police departments follow the European Working Time Directive. The specific shift schedules operated by them vary from jurisdiction to jurisdiction, in overall conformity with these directives. For example, the Kent Police Department has both 8-hour and 10-hour shifts embedded in their system, with the shift duration alternating every week in a 4-week cycle. Kent Police regulations stipulate a limit on average weekly working time of 48 hours, along with a maximum daily rest period of 11 consecutive hours in every 24 hours. Minimum weekly rest of 24 consecutive hours in each seven-day period or 48 consecutive hours over a 14-day period are also provided for in the regulations.
In the case of Essex Police, provisions are made in the regulations that staff shall not be required to work in excess of an average of 48 hours in a week in usual circumstances. These working hours include normal duty hours, as well as any overtime work, including work performed on a rest day or public holiday, or during off-duty hours. Personnel are also entitled to a rest period of not less than 11 hours in between two days of duty, and shall not be required to work for more than seven days between each rest period of a minimum of 24 hours. The Staffordshire Police follow a shift pattern of 2 morning-shifts, 2 day-shifts and 2 night-shifts, followed by 4 rest days. Some police departments follow the so-called Regulation Shift Pattern, under which personnel work through a rotation of eight hour shifts (0600-1400 hrs., 1400-2200 hrs., 2200-0600 hrs.). In Scotland, Regulation 22 of the Scottish Police Federation prescribes guidelines for the normal periods of duty of police personnel, the periods allowed for rest and refreshment, variable shift arrangements, etc.
In Canada, the Ottawa Shift System is commonly used by police stations. Originally developed in 1981, the system works on a three-shift basis – a 10-hour day shift, a 10-hour evening shift and an 8 ½ -hour night shift, on a 35-day cycle. The working hours of shift are calculated on the basis of annualized hours, and not on monthly or weekly hour basis. The system enables police personnel to enjoy increased rest days resulting from longer shifts.
Various police departments in the United States of America follow a 40-hour work week. The shift patterns and durations differ from one department to another. The work schedule of New York Police consists of shifts of 8 hours and 35 minutes, arranged in a 15-day cycle of 5 work days – 2 off days, followed by 5 work days – 3 off days. The cycle is rotated every 15 days. During their shifts, personnel are given one hour meal time and two twenty-minute breaks. The personnel of Georgia City Police currently work in 12-hour shifts, which are switched every 8 weeks. The County Police in Georgia work in 10-hour shifts. In Seattle Police Department, patrol officers work on a rotating schedule of 9-hour ‘watches’, in a 6-day cycle. They work for four days in a row, in the 6-day cycle followed by two off days. The Lincoln Police Department, Nebraska, has the traditional 8-hour shift schedule, coupled with some instances of 10-hour shifts. They also introduced 12-hour shifts on a trial basis some time back. The Middletown Police in Rhode Islands observe a 12-hour shift schedule in a 14-day cycle: 2 days off – 3 day work, 2 days off – 2 days work, 3 days off – 2 days work.
In Australia, Victoria Police had been following a 12-hour shift system till 2009, when they switched back to 8-hour shift schedule.
In South Africa, priot to 1994, the South Africa Police Service (SAPS) followed an 8-hour shift patter, consisting of three shifts (0600 – 1400 hours, 1400 – 2200 hours, 2200 – 0600 hours) in various cycles. In 1994, this was replaced by a 12-hour shift system. In May 2002, the Commissioner, SAPS and the employees unions concluded a collective arrangement which stipulated “the ordinary working hours of an employee shall not be more than 40 hours per week. The daily hours of work shall not be more than 8 hours per day for those performing administrative duties. Employees performing 8-hour shifts would do so five times a week. Those rendering services on 12-hour shifts would work on average of three or four times per eight-day cycle”. This arrangement continues to be in vogue.
In Japan, the Police Kobans in Tokyo Metropolitan Police Department work in four daily shifts, while in other prefectures they work in three shifts. In Hong Kong, police officers work in three shifts a day.
A. The respondent-state is directed to ensure that a police personnel does not work for more than eight hours at a stretch.
B. The state government is also directed to pay at least 45 days’ extra salary to improve the conditions of service of the police personnel for undertaking the arduous duties.
C. The state government is also directed to create corpus as per the recommendation of One-member State Police Reforms Commission, constituted on 13.04.2012, within three months from today for the welfare of the police force.
D. The state government is advised to undertake housing scheme for the police personnel for improving the living conditions of the police force.
E. The respondent-state is directed to make suitable amendments to the rules by providing at least three promotions to police personnel throughout his career to remove stagnation and for improving efficiency.
F. The police department is directed to be liberal in granting leaves to the police personnel. The family members of the police force should be duly compensated in the eventuality of police personnel receiving bodily injuries, disability or death in the line of duty.
G. The state government should recruit qualified doctors specifically for the police force.
H. The state government is directed to constitute Special Selection Board for recruitment of police personnel for timely filling up the vacancies.
I. The state government is directed to provide sufficient recreational facilities at police stations as well as police housing colonies, including gym and swimming pool etc.
J. The state government is directed to appoint in each district the psychiatrist to counsel the police personnel who are under tremendous pressure and strain.
K. The state government is directed to ensure that the traffic police is given sufficient breaks while discharging their duties in summers by rotating them.
L. The traffic police should be provided masks to protect them from injurious gases and fumes while discharging traffic duties.
M. All the police personnel should be medically examined after every three months to assess medical fitness.
N. The state government is directed to ensure that the police stations work in shifts for efficient and people-friendly policing.
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.