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SC slams Punjab over ‘inhumane’ treatment of state’s home guards
The court underscored the need for the state government to adopt a humane and realistic approach rather than a purely legalistic one.
The Supreme Court has reprimanded the Punjab government for its “inhumane” and “discriminatory” treatment of home guards, emphasising that as a model employer, the state must ensure fairness and equity, especially when these personnel are deployed during emergencies such as riots and natural calamities.
A bench comprising justices Bhushan R Gavai and KV Viswanathan urged the Punjab government to reassess its stance on pay parity between home guards and police personnel, stressing that the matter went beyond legal considerations and involved issues of equity and justice.
“The State is a model employer when it is taking the services of the personnel belonging to Home Guard in emergency situation like natural calamities, riots, etc, it cannot be expected to treat these personnel in discriminatory manner,” said the bench in its order on Tuesday (December 17).
The bench pulled up the state government for resisting demands to pay home guards on par with police personnel, despite a 2015 Supreme Court judgment directing that home guards be paid duty allowances equivalent to the minimum monthly salary of police personnel.
Rejecting the state’s argument that the risks faced by police personnel are not comparable to those encountered by home guards, the bench observed, “Only when police personnel are insufficient to address a situation are the services of the home guards employed in an emergent manner. The State cannot treat them in a discriminatory manner.”
“While this may or may not necessarily constitute contempt of the 2015 judgment, do remember that this court has enough power under Article 142 to issue orders to do complete justice,” the bench further told senior advocate Shadan Farasat, representing Punjab.
The court underscored the need for the state government to adopt a humane and realistic approach rather than a purely legalistic one. It pointed out that home guards are often relied upon in critical situations and denying them equitable pay undermines their contributions and morale.
Appearing for the petitioners, senior counsel Siddharth Dave and Nachiketa Joshi highlighted the glaring disparity in pay. While police personnel recruited in 2015 are now earning up to ₹71,000 per month, home guards’ remuneration has stagnated at approximately ₹33,000.
Dave argued that the current pay structure ignored the crucial role home guards play during crises, especially when deployed alongside police personnel and armed with similar powers and responsibilities.
The court then directed the Punjab government to revisit its stance and resolve the issue by January 28, 2025, when the matter will be heard again. “We expect the state government to consider the issue not from the legal point of view but from a realistic point of view,” the order of the bench stated.
