Madras High Court
C.S.Rajalakshmi vs The Chief Secretary on 16 August, 2018
Bench: S.Manikumar, Subramonium Prasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16/8/2018
C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.10849 of 2018
C.S.Rajalakshmi ... Petitioner
Vs
1. The Chief Secretary
Fort St. George
Secretariat
Chennai 9.
2. The Home Secretary
Fort St. George
Secretariat
Chennai 9.
3. The Director General of Police
DGP Office
Mylapore
Chennai 4. ... Respondents
WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, directing the respondents to dispose of the petitioner's representation dated 12/3/2018.
For petitioner ... Mr.M.J.Nissar Ahmed
For Respondents ... Mr.P.H.Arvind Pandiyan
Additional Advocate General
Assisted by
Mr.T.N.Rajagopalan
Government Pleader
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O R D E R
(Order of the Court was made by S.Manikumar,J) C.S.Rajalakshmi, practising Lawyer, has sent a representation dated 12/3/2018, to the Chief Secretary, Home Secretary, Government of Tamil Nadu and the Director General of Police, Chennai. Representation, dated 12/3/2018, which reads thus:-
Sub: Prevention of suicides happening in Police Department and establishing a Police Welfare Surveillance Board reg.
- - - - -
Honourable Sir, Humble Greetings! I'm an advocate in Madras High Court. I've appeared in many cases for the past seven years. After the death of Maduravoyal Police Inspector Shri Periyapandiyan, who sacrificed his valuable life while attempting to arrest robbers in Rajasthan State, many suicide attempts of police employees are taking place frequently. Such incidents have created a sense of fear among the public.
Particularly, the suicide of a trainee Police of Central Para Military Force, Avadi. Armed force Police Shri Arunraj, aged 25, who committed suicide, while he was on duty at Late.Chief Minister Jayalalitha's memorial on 4th March and Ayanavaram Police Sub-Inspector Shri Sathish Kumar, who is 33 year old M.Tech graduate, committed suicide on 7th March. On 21st March, Police personnel tried to commit suicide by burning himself with kerosene.
Such Police personnels suicides are increasing day by day in Tamil Nadu. Many reasons are being said for these suicides. Hence, as per the directions of the Government, the Higher Officials strictness, stress, work load, exhaustion due to work without rest, non-availability of leave, family problems, all such reasons leads them towards suicide.
In addition to these, in our State Tamil Nadu, many demonstrations, pickets, damaging of social reformers images/statutes and robberies etc., all such crimes leads Police personnels to work without rest.
These pitiable Police personnels also human like us. They too have family. Why are they in such situation? At the time of the movement of VIPs like President, Governors, Prime Minister, Chief Minister and Ministers, for providing Security, they struggle in hot sun, heavy rain, Mist and cold, forgetting their hunger and even tolerating call of nature etc. They provide security to common public so that they can sleep peacefully.
Ignoring hot sun and heavy rain they make the traffic to move. They saved many common publics life during natural calamities such as the flood in 2015 and cyclone vardha in 2016. They saved many lives by carrying out their rescue duty sincerely. They reached the flooded areas along with food packets, milk, biscuits and did their service with great dedication. In such situation the police personnels had forgotten their mother, father, wife and children and carried out their duties with great involvement, who is the reason for this condition of such police personnels. We only.
Therefore, for the prevention of suicide of police personnels, who serve as God in protection in common public, the excessive work load should be regulated, sufficient rest time shall be provided, they shall be allowed to take leave for solving their family issues, meetings shall be arranged in the supervision of higher officials to discuss their problems, compulsory rest hours for those who serve during night hours, encouraging them through mind practices (yoga), filling the vacancies in the Police department, all such measures shall be taken by the Government.
Hence, I humbly request your goodselves to take necessary action in Police Department to prevent such incidents in future.
2. Contending inter alia that the said representation has not been responded, petitioner has sought for a writ of mandamus, directing the respondents, to consider the representation, dated 12/3/2018.
3. Record of proceeding shows that on 9/5/2018, a Hon'ble Division Bench of this Court, has passed the following orders:-
Regardless of the intention of the writ petitioner, the issues raised in the representation of the petitioner, which formed the basis of the present writ petition, have to receive serious consideration by this Court. The representation highlight the arduous nature of duties discharged by the members of the police force and the accompanying peril and risks that afflict the policemen, driving them at times to the precipice of despair and self extinction.
2. It is imperative both in terms of legal and moral duty on the part of the respondents to ensure that the members of the police force do not become victims of the pitiable and pathetic service conditions. Therefore, we call upon the respondents to give their response as to the steps taken to address the concerns of the members of the police force, particularly from the subaltern cadre. Whether the policemen who are heavily tasked routinely are given any remission or respite the superiors in order to assuage their mental and physical stress? Whether any counselling is imparted periodically to ascertain the psychological state of the police personnel in view of their onerous and unenviable duties. These are some of the issues need to be considered by the authorities concerned.
3. We, therefore, direct the respondents to submit a comprehensive reply as to the initiative taken so far in this regard before the next date of hearing.
Post the matter on 8/6/2018.
4. On this day, when the matter came up for hearing, Mr.P.H.Arvindh Pandiyan, learned Additional Advocate General, submitted that Government have sanctioned a sum of Rs.10 crores, for conducting Police well being programmes, to redress mental/physical stress and to improve the professional skills, for the Police Department. For brevity, G.O.Ms.No.516 Home (Police - IX) Department, dated 11/6/2018, is extracted hereunder:-
G.O.(Ms).No.516 Dated : 11.06.2018 Read :
From the Director General of Police, Chennnai, letter Rc.No.94875/phf-2/2017, Dated:06.04.2018 ORDER :
The Director General of Polie in his letter read above has stated that, Everyday, the Police Personnel are engaged in the maintenance of Law & Order duties and are constantly handling lot of public and sensitive issues. These circumstances force them to work round the clock without adequate rest and leave.
The pressures in working environment subject the Police personnel to the risk of high blood pressure, insomnia, heart attack, increased levels of destructive stress and mental disorder.
As the Police personnel are one of the first responders who are exposed to violence, emergiencies, disasters, unstructured work schedule, overtime, negative time management, the stress level is higher than other professionals.
Since, most of the Police personnel are lacking in stress management skills, some of them are addicted to alcohol, some of them are even driven to commit suicide. Moreover, the personal and family life of the Police Personnel also become very unpleasant.
2.The Director General of Police has also stated that to redress the issue, a meeting with Additional Director Generals of Police, Law & Order, Administration & Welfare Inspector General of Police, Welfare was convened and decided to seek the assistance of Professionals to address the burning issues. Accordingly, various well experienced professionals dealing with Stress Management have been consulted and various schemes have been considered. Afer consulting various Professionals and analyzing various schemes, finally the National Institute of Mental Health and Nuro Sciences (NIMHANS), which is situated in Bengaluru was invited for a discussion and a detailed discussion was held with Dr. Sekar, Registrar, NIMHANS, Bangalore.
3.The Director General of Police has further informed that the NIMHANS(National Institute of Mental Health and Neuro Sciences) is a multidisciplinary institute for patient care and academic pursuit in the field of mental health and neurosciences and the Central Government has conferred the status of an institute of National Importane in 2012. The Expertise, Plans and Programmes of such an institute will improve the stress management skills of Police Personnel by conducting a Police Wellbeing Programme in coordination with NIMHANS.
4.The Director General of Police has also to incorporate wellness among Tamil Nadu Police Personnel, the following objectives and strategies were arrived after consultation with NIMHANS faculty.
Objectives To develop a comprehensive wellness programme for police personnel.
To build the capacity of training of trainers to impart the police wellness programme To build the skills of Police personnel to mitigate the effect of stress through wellness training proggramme by trained trainers.
To institutionalise the wellness programme within the regular police training programme Strategies Sensitise Senior Officers Systematically understand the work related to personal, professional and familial life to adapt existing stress management programme.
Build capacity of master trainers through training of trainers programme at NIMHANS, Bangalore Percolate training for skill enhancement among police personnel to manage personal, professional and familial life Set up instantaneous guidance and information sharing through virtual knowledge network.
Set up mechanisms of supportive supervision, periodic monitoric and systematic reporting on indicators of change.
Networking, referral and follow up by local resources.
Set up an Advisory Committee for review and mid-coourse modification.
5.The Director General of Police has informed that the methodology of conducting programme is as follows :
The Programme covers all 7 Commisionerates, 31 Districts in four zones viz., North, Central, West and South including all Battalions and Special Units altogether with the strength of 1.2 lakh. Behaviour sciences faculty comprising of a multidisciplinary team from Psychiatry, Clinical Psychology, Psychiatric social work, mental health education and Yoga would be involved in imparting the stress management training. A local mental health consultant would support the entire programme in terms of validation of the programme at District level, co-ordination of Schools of social work for supportive training, supervision and referral to mental health centre based on directory of mental health manpower in the Districts. The programme would be cascading model of training from centre periphery covering the grass-root level personnel. The programme will be structured, coordinated and conducted by NIMHANS, Bengaluru over a period of 12 months.
First level: There will be a one day Sensitization programme for senior officials of the Tamil Nadu Police in the Headquarters, Chennai.
Second level: 254 Police personnel and 104 Counsellors from Schools of social work and psychology who are all identified by NIMHANS would undergo the Training of Trainers (TOT) at NIMHANS, Bangaluru for a period of five days in 12 consecutive batches. The TOTs module is spread over five working days with 48 hours input. This would facilitate proper deconstruction of the current attitudes and need for change. The five days are clustered around understanding stress, stress in family life, job stress, self-care and stress management, yoa and family enrichment.
Third level: Field level training for three days for the entire police personnel in all districts, cities TSP Battalions and special units would be carried out by a team of three trained Master Trainers/batch. Every field training programme would minimally have 35 police personnel and their spouse and children. In case, of unmarried personnel, two of their immediate family members would be considered for the third day programme on Yoga and enriching family life. The 358 trained Master Trainers would ground in as 3 faculty and form 120 trainers group to conduct the training programme as well as the meet with the families and the children. Assessment of Body Mass Index (BMI) evaluating Blood Pressure (BP) and Random Blood Sugar (RBS) along with measurement of stress level, wellbeing, job satisfaction and mental health status would be carried our as activities of training. The programme would incorporate scientific tools to assess and evaluate the stress level.
Fourth level: Activity of periodic handholding, instantaneous guidance, refresher course will be conducted through NIMHANS virtual knowledge network (VKN) by e-connecting with Police Headquarters, City Police Headquarters, District Police Headquarters, Tamil Nadu Police Academy and In-Service Training Centre.
Fifth level: A consultant for Mental Health locally identified would coordinate referral directory, follow up, networking and logistics in capacity building. The families and children identified with emotional and behavioural problems would be continued to be assisted by the 104 faculties from the Schools of Social Work and Departments of Pscychology in the State. This would ensure networking referral and follow-up by the local resources.
6. The Director General of Police has therefore, requested the Government, considering the welfare of the Police personnel and their family and also to reduce stress level of Police personnel, to accord necessary Administrative and Financial sanction for a sum of Rs.10,00,00,000/= (Rupees ten crore only) by creating a separate sub-head of account to conduct Police Wellbeing Programme.
7. After detailed examination, the Government have decided to accept the proposal of the Director General of Police. Accordingly, the Government sanction a sum of Rs.10,00,00,000/- (Rupees ten crore only) for conducting Police Wellbeing Programme.
8. The expenditure sanctioned in para 7 above shall be debited to the following head of account:-
2055 00- Police 001 Direction and Administration State's Expenditure AA Director General of Police 72 Training (DPC 2055-00-001-AA-7208)
9. The expenditure sanctioned in para 7 above shall constitute an item of New Service for which the approval of the Legislature will be obtained in due course. Pending approval of the Legislature, the expenditure may be initially met by drawal of an advance from the Contingency Fund. The Director General of Police, Chennai is directed to calculate the actual amount required for the period upto next supplementary estimates and apply for sanction of the same as advance from the Contingency Fund to Finance (BG.I) Department, directly in Form 'A' appended to the Tamil Nadu Contingency Fund Rules, 1963 along with a copy of this order. Orders for sanction of an advance from the Contingency Fund will be issued from Finance (BG-I) Department.
He is also directed to send necessary explanatory note to the Government in Finance (BG-I) Department for inclusion of the expenditure in the Supplementary estimates for the year 2018 2019 for getting the approval of the Legislature at an appropriate time without fail.
10. In this regard, a Committee under Section 16 (bb) of Transparency in Tenders Act 1998 will be constituted, separately.
11. This order issues with the concurrence of the Finance Department vide its U.O.No.30300/Home-I/2018, dated 11/6/2018 and with Additional sanction Ledger No.412 (Four hundred and twelve).
5. Added further, learned Additional Advocate General, submitted that appropriate reply would be given to the representation, dated 12/3/2018.
6. Placing on record the above, Director General of Police, Chennai, third respondent is directed to pass suitable orders, on the representation, dated 12/3/2018, within a period of six weeks, from the date of receipt of a copy of this order and communicate the same to the writ petitioner.
7. With the above direction, writ petition is disposed of. No costs.
(S.M.K.,J) (S.P.,J)
16th August 2018.
mvs.
Index: Yes/No
website: Yes/No
To
1. The Chief Secretary, Fort St. George
Secretariat, Chennai 9.
2. The Home Secretary, Fort St. George,
Secretariat, Chennai 9.
3. The Director General of Police
DGP Office, Mylapore
Chennai 4.
S.MANIKUMAR,J
A N D
SUBRAMONIUM PRASAD,J
mvs.
W.P.No.10849 of 2018
16/8/2018