By Isha Sharma and Anuradha Gandhi
Introduction
The recent brutal rape and murder case of a 31 year old trainee doctor on August 09, 2024 at RG Kar Medical College in West Bengal has once again left our nation reeling in shock and anger. This incident has added to the long list of similar crimes in India, a country that has been struggling with the issue of gender based violence for decades.
The case has sparked outrage across the nation, with thousands taking to the streets to demand swift justice and broader legal reforms to prevent such tragedies in future. Thousands of doctors and medical professionals have participated in nationwide strikes, candle marches and demonstrations demanding justice and improved safety measures in hospitals. Subsequent to this brutal crime, the Indian Medical Association (IMA) declares nationwide withdrawal of non-essential services by doctors of modern medicine on August 17, 2024 for 24 hours, to express their outrage.[1]
This tragic incident has reignited a national conversation about workplace safety and the pervasive issue of violence against women in India. Despite the implementation of stringent laws following the 2012 Delhi gang rape case, incidents of sexual violence continue to be reported with alarming frequency, thereby demanding the urgent need for systematic change and a more robust framework to ensure that justice is served.
West Bengal Government Response
Hon’ble Prime Minister Narendra Modi and other senior leaders have expressed their sorrow over the incident and have called for stringent action.
However, the State Government of West Bengal has faced significant criticism for shabbily handling of the case. In response to the protests, the Hon’ble Chief Minister has assured the public that justice will be served and that the case will be fast-tracked through the legal system.
On August 17, 2024 the West Bengal government unveiled a series of robust measures to bolster the safety of women in workplaces in various sectors, particularly in state-run hospitals where night shifts are common. These initiatives include the establishment of designated resting rooms and the creation of CCTV-monitored ‘safe zones’ to provide a secure environment for female employees during late hours.
In response to the ongoing protests actors the state, the Hon’ble Chief Advisor to West Bengal Chief Minister outlined these safety measures during a press conference, which includes:[2]
- Rattirer Sathi: One of the key initiative announced is the extension of the ‘Rattirer Sathi- Helpers of the Night’ programme, which initially focused on hospitals and medical colleges. Now, this flagship programme will be expanded to cover hostels and other establishments/workplaces that require women to work during night shifts. The programme will deploy volunteers dedicated to provide safety support to women during nighttime work hours.
- Mobile Application: In addition, the State Government is developing a mobile application equipped with an alarm system. This application can be downloaded by women, which will allow them to communicate with local police stations in case of emergencies, ensuring. This app is designed to be easily downloadable and accessible, providing a direct line of communication for women in distress. The government had additionally released helpline numbers 100 and 112, urging their extensive use during any panic or emergency situation.[3]
- Buddy System: The government emphasized the relevance of fostering a supportive work environment and is encouraging both state and private sector workplaces to implement a buddy system, where women will form two-member teams. These teams will be tasked with staying in constant communication during night shifts, keeping each other informed about their activities to enhance safety and mutual support.
- Other Measures: Security checks and breathalyzer tests will be implemented at medical colleges, super specialty hospitals and district hospitals. Furthermore, the government requested all organisations to establish a Vishaka Committee on sexual harassment at the workplace, if one is not in place. The government also announced that night police patrols will be conducted at medical colleges, hospitals, women’s hostels and similar places to enhance workplace safety.
It had also recommended maintaining the right ration of male and female security staffers at workplaces.
“Adequate drinking water facilities will be provided on all floors in hospitals and related facilities. Identity cards must be displayed by all faculty, staff and security personnel at medical colleges and hospitals. A security officer will be assigned by the police to all medical colleges, hospitals and district hospitals for overall security supervision,” reads the list of measures.
Union Health Minister Recommends Measures to enhance Security
In response to this unfortunate incident, the Ministry of Health and Family Welfare has taken a proactive measure to enhance security across central government healthcare facilities nationwide.
In a letter addressed to the heads of the Central Government hospitals, All India Institutes of Medical Sciences (AIIMS) and other health institutions, the Ministry outlined a series of suggestive measures aimed at bolstering safety. [4]
“It has been evidenced for a long time that government hospitals are more permeable to the public compared to private facilities, making it easier for unauthorized individuals to enter freely. While accessibility is important for providing care, it can also pose security risks. Hospitals sometimes become targeted by acts of violence, including assault on staff, which can be related to disputes, dissatisfaction with medical care, or external criminal activities. Ensuring the safety of healthcare professionals is vital,” the letter said.
Key suggestions mentioned in the letter include:
- Installation of high-resolution CCTV cameras at critical points such as entrances, exists, corridors, dark spots and other sensitive areas;
- Establishment of a control room to facilitate rapid responses during emergencies;
- Creation of secure duty rooms equipped with basic amenities and advises that more than one woman should be assigned to night shifts. It also emphasizes the need for safe and secure transportation for women at night;
- Employing adequate number of well-trained adequate security guards for continuous patrolling and surveillance;
- Calls for visible display of relevant sections of the penal code or state legislation on the premises to deter potential offenders;
- Training of all hospital staff, including doctors and nurses, in recognizing and responding to security threats;
- Recommends implementing a public address system for the rapid dissemination of information during emergencies;
- Need for thorough mapping and illumination of dark spots within the premises;
- Furthermore, the ministry emphasizes the importance of strict monitoring of entry and exit points, restricting access to authorized personnel only. To facilitate easy identification, it recommends issuing identification badges to staff, patients and visitors.
Women’s Safety Measures during night shifts under the Shops and Establishment Act
- West Bengal:
Section 10 of the West Bengal Shops and Establishment Act prohibits women from working in any establishment for public entertainment or amusement other than a cinema or a theatre, after six o’clock post meridiem, or in any shop or commercial establishment, after 8 o’clock post meridiem.[5] - Haryana:
In comparison, the Haryana Government vide notification dated February 21, 2023[6] laid down specific conditions for establishments registered under the Punjab Shops and Establishments Act employing women during night shifts to ensure their safety, security and interests. The government also underscores the importance of compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Some of the key obligations specially pertaining to safety of women during night shifts include:- It shall be the duty of the employer or other responsible person at the workplaces or institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution; statement of victim or prosecution of acts of sexual harassment by taking all steps required as per the provisions of the POSH Act. The employer/occupier must submit a copy of Annual Return which is to be submitted to the District Authority under the POSH Act;
- Each employer shall submit a declaration that they have obtained consent from each women employee to work during night shift 08.00 PM to 06.00 AM;
- The employer shall provide proper lightning not only inside the shop/establishment, but also surrounding of the shop/establishment and to all places where the female employees may move out of necessity in the course of such shift;
- Sufficient security guards shall be provided during the night shift;
- The employer shall provide transportation facility to the women employees from their residence and back (for the night shifts) and in case of buses, the vehicles shall also be equipped with CCTV cameras;
- During night shift not less than 1/3rd of total strength, including the supervisor or shift-in-charge and other employees, shall be women, in case of logistics and warehousing establishments;
- There shall not be less than twelve consecutive hours of rest or gap between the last shifts and the night shift where a woman employee is changed from day shift to night shift and so also from night shift to day shift.
- Delhi
Section 14 of the Delhi Shops and Establishment Act prohibits women from working whether as an employee or otherwise, in any establishments registered under the Delhi Shops and Establishment Act, between 9 pm and 7 am during the summer season and between 8 pm to 8 am during the winter season.[7] - Telangana
The Government of Telangana had also laid down guidelines for establishments (registered under the Telangana Shops and Establishment Act) employing women employees working in night shifts between 8.30 pm. till 06.00 am, subject to certain conditions. [8]Some of them is listed below:- Consent of women employees shall be obtained in writing to work in night shifts;
- The establishment shall provide transport facilities from the residence of women employee to the workplace and back, free of cost and with adequate security. Such transport facility shall have GPS for tracking and monitoring;
- The safety and security measures shall include provision of shelter, rest rooms, lunch rooms, night creches and ladies toilet, adequate protection of their privacy, dignity, honor and safety, protection from sexual harassment, employment of at least five (5) women employees together.
- Adequate number of security guards shall be posted during night shift.
- Tamil Nadu
Guidelines issued by the Labour and Employment Department, Tamil Nadu with regard to safety of women employed during night shifts under the Tamil Nadu Shops and Establishment Act include[9]:- Woman employee shall not be required to work beyond 8 pm on any day in normal circumstances. Provided that the employer after obtaining consent of a woman employee shall allow her to work between8 pm and 6 am subject to providing adequate protection of her dignity, honour and safety;
- Transport arrangements shall be provided to the woman employee who work in shifts;
- The employees shall be provided with restroom, wash room, safety lockers and other basic amenities;
- Every employer employing woman employee shall constitute Internal Committee against sexual harassment of women under the POSH Act and the said Committee shall be operative;
Several states such as Maharashtra, Kerala, Karnataka, Telangana, West Bengal, Andhra Pradesh and Tamil Nadu have enacted legislation to protect healthcare service professionals from violence and damage to property. The offence is non-bailable and punishable with three years of imprisonment. However, these enactments fail to address the institutional and systematic causes that underline the problem. An enhanced punishment without improving institutional safety standards falls short of addressing the problem effectively.
Supreme Court has taken suo moto cognizance of this case
It is time for India to rise to the challenge of protecting all its citizens, especially its women, who have been let down time and again.
In a significant development, the Hon’ble Supreme Court has taken suo moto cognizance of this alleged rape case and the matter was heard on August 20, 2024 wherein a three judge bench led by Hon’ble Mr. Chief Justice of India, D.Y. Chandrachud voiced serious concerns about the lack of safe working conditions for doctors and other medical professionals in hospitals all over the country, with particular emphasis on the vulnerabilities faced by women in the profession.
The court highlighted the creation of a National Task Force comprising of doctors from diverse specialties, tasked with recommending comprehensive guidelines to be implemented nationwide to ensure a safe working environment. [10] In line with this, the court also made an earnest appeal to the medical community, urging doctors to resume their work and reassuring them of the judiciary’s commitment to safeguarding their safety and security.
President Condemns Kolkata Doctor’s Murder-Rape Case, Calls for Societal Introspection
In a strong and emotional response, Hon’ble President Droupadi Murmu had condemned the brutal murder and rape of a trainee doctor in Kolkata on August 28, 2024. In her first official statement on the alleged case, the President expressed deep dismay at the ongoing violence against women in India, declaring, “Enough is Enough.”
She even called for an urgent honest, unbiased introspection within society to address these grievous acts. The horrific incident at RG Kar Medical College and Hospital has shocked the nation, sparking widespread protests and raising serious concerns about women’s safety.
“What is more depressing is the fact that it was not only the incident of its kind; it is part of a series of crimes against women,” she added.
Meanwhile, the Central Bureau of Investigation (CBI) is currently investigating the case. As a society, we just demand justice-not merely for the victim and her family, but for every woman who lives in fear of such heinous acts.
[1] https://ima-india.org/ima/pdfdata/press-release-dated-16-08-2024-ima-demands-central-law.pdf
[6] https://storage.hrylabour.gov.in/uploads/labour_laws/Y2023/March/W1/D02/1677736151.pdf
[9] https://rai.net.in/Advocacy_Files/TN-24×7-Notification.pdf
[10] https://ssrana.in/articles/r-g-kar-medical-college-case-supreme-court-forms-national-task-force/