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As more women join workforce, their safety is top priority: Court in RG Kar case

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The Supreme Court on Tuesday expressed concern that medical professionals have become increasingly vulnerable to violence, with few or no protective systems in place to ensure their safety. The court emphasised that women are particularly at risk of both sexual and non-sexual violence in these settings.

The court was addressing its suo motu case concerning the gruesome rape and murder of a 31-year-old trainee doctor at Kolkata’s RG Kar Hospital.

A bench led by Chief Justice of India DY Chandrachud noted that ingrained patriarchal attitudes and biases make it more likely for relatives of patients to challenge female medical professionals.

“In addition to this, female medical professionals also face different forms of sexual violence at the workplace by colleagues, seniors, and persons in authority. Sexual violence has had its origins even within the institution, the case of Aruna Shanbag being a case in point,” the court stated.

The court expressed serious concern over the lack of institutional safety norms at medical establishments to protect medical professionals from both violence and sexual violence.

“While gendered violence is the source of the more malevolent manifestations of the structural deficiencies in public health institutions, the lack of safety is of concern to all medical professionals. Preserving safe conditions of work is central to realising equality of opportunity for every working professional. This is not just a matter of protecting doctors. Their safety and well-being as health providers is a matter of national interest.”

The court observed that as more women join the workforce in cutting-edge areas of knowledge and science, the nation has a vital stake in ensuring safe and dignified working conditions.

“The constitutional value of equality demands nothing less and will not brook compromises on the health, well-being, and safety of those who provide healthcare to others. The nation cannot await a rape or murder for real changes on the ground,” the top court said.

To address the lack of institutional safety standards in healthcare establishments, the court constituted a National Task Force (NTF) to build a national consensus on the urgent need to formulate protocols governing these issues.

The NTF has been tasked with formulating effective recommendations to remedy concerns related to the safety, working conditions, and well-being of medical professionals.

The NTF is to prepare an action plan under two categories:

  1. Preventing violence, including gender-based violence, against medical professionals.
  2. Providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, nurses, and all medical professionals.

The court also criticised the West Bengal Government regarding the vandalism incident at RG Kar Medical College Hospital, where a large mob vandalised the Emergency Ward and other departments. The court noted that the state government should have ensured the deployment of state machinery to prevent a breach of law and order, especially since the investigation into the crime was ongoing.

The Central Bureau of Investigation (CBI) has been directed to submit a status report on the progress of the investigation by August 22. The state of West Bengal has also been directed to file a status report by August 22 on the progress of the investigation into the acts of vandalism at the hospital.

The court will consider the case again on August 22.

Published By:

ramesh sharma

Published On:

Aug 20, 2024

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