Allow Cookies!
By using our website, you agree to the use of cookies
Vijay Gopal v Union of India Writ Petition Civil No 1206/2019
The Supreme Court of India today decided to accept and hear the petiion filed by policemen reagrding working overtime and exploitation by the State. The petition was a Public Interest Litigation(PIL) filed by activist Vijay Gopal, seeking orders from the Court on regulation of the police profession. The concept of PIL or Public interest litigation was introduced by Hon'ble Justice PN Bhagwati and it is of substantive importance to the Indian Legal Systerm as it simplified the concept of locus standi. The introduction of PIL in India resulted in a plethora of judgements ensuring even that a post card to the Supreme Court is considered as a Public interest litigation (PIL). Some landmark judgements in the realm of PIL are
Hussainara Khatoon v Home Secretary, State of Bihar (1980) 1 SCC 98 :The Supreme Court acted upon a PIL regarding the condition of prisioners in the jails of Bihar and provided directions for free legal aid.
Vishaka v State of Rajasthan (1997) 6 SCC 241 : The Supreme Court evolved the famous "Vishaka Guidlines" for protection of women from sexual harrassment at workplaces
Bandua Mukti Morcha v Union of India AIR 1984 SC 602: The Supreme Court issued directions to the State of UP to take preventive steps for the abolition of child labour.
MAIN SUBMISSIONS BY THE PETITIONER
1. Police Personnel are barred from forming unions under the Police Forces (Restrictions of Rights) Act, 1966. This leaves them with no way of agitating for their rights or raising their voice against the exploitation meted out to them. The gap that exists in implementing the fundamental rights for the Police personnel needs to be filled by the Supreme Court.
2.Section 22 of the Indian Police Act 1861 states that all police officer shall be considered to be always on duty, however the State Governments intrepret this asno weekly off, no working hours, no overtime wages for overtime work.
3.Police is a non revenue generating department and currently only at 39% of its total strenght
4.Prays for relief such as declaration of a week to be 6 days work or 48 hours to be considered a week's work ;anywork beyond 48 hours to be overtime work and payment for the same.
ORDER BY THE COURT
A 2 Judge Bench constituting of Hon'ble Justices Rohinton Nariman and V Ramasubramanian passed an order to give notice to the respondent in the case, the Union of India seeking it's reply upon the petition.
86540
103860
630
114
59824