On Tuesday, 17th September, the Supreme Court ruled that the West Bengal government could not stop women doctors from working 12-hour or longer shifts. While hearing a suo moto case about the rape and murder of a young doctor at the state-run RG Kar Medical College and Hospital, the court remarked that women seek equal opportunity, not concessions. The Chief Justice of India, DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra’s bench made the statement after the state had informed them that the women doctors’ night shift might be avoided as part of recent security measures.
CJI Chandrachud strongly disagreed and asserted that the state needed to reverse the decision and permit the women doctors to function on an equal footing with their male colleagues. “How can that be? Women do not want concessions, but equal opportunities. Women doctors are willing to work in all conditions. They must work in all conditions. The state of West Bengal has to correct it. You cannot say that women doctors cannot work beyond 12-hour shifts and not at night. Armed forces, etc. all work at night, which includes women,” he pronounced while ordering the state to change the policy.
He pointed towards Kapil Sibal and directed, “Sibal, you need to address this issue. The solution lies in ensuring proper security measures. West Bengal should amend the notification. It is your responsibility to provide security. You cannot restrict women from working at night. Pilots, army personnel, and others work during the night time hours,”
On behalf of the Mamata administration, senior advocate Kapil Sibal contended that the state would send out a notification to resolve the issue as it was merely a temporary security measure. The centre could offer security for the doctors if the state government refused to provide it, declared Solicitor General Tushar Mehta. CJI Chandrachud emphasised that no woman in the nation should be told she cannot work at night and that it is the responsibility of the state to ensure protection. “We cannot tell any woman today in our country, who is in the workforce, that you will not work at night,” he expressed.
The junior doctors told the top court during the hearing that they would not mind returning to work as long as the policies that were discussed during their 16th September meeting with Chief Minister Mamata Banerjee were implemented. The doctors mentioned that they would discuss going back to work during a general body meeting later today. The government’s assurance that the protesting doctors would face no consequences was noted by the court, which requested an affidavit from the state. Kapil Sibal responded by saying that the state “will be filing the affidavit.”
Meanwhile, the victim’s name was asked to be removed from Wikipedia during the hearing by the Supreme Court to safeguard the dignity of the deceased and ensure privacy in sensitive cases like this one.
The doctors’ submissions were deemed meritorious by the court, which also instructed the state government to initiate the necessary measures if they had not been taken earlier. “Each of these aspects would merit serious consideration. We impress upon the state of West Bengal to take remedial action if not already done, within a period of 3 days from this order,” it announced.
Additionally, CJI explained that the court was sticking to its previous verdict which called for doctors to return to work by 5 pm on 10th September. “We are not modifying our last order, we have created the conditions for coming back to work, let them (the government) do what they have to do to implement the orders,” he voiced.
The state claimed that 415 CCTVs would be installed at the RG Kar Hospital; however, the court observed that only 37 CCTVs had been installed there. Kapil Sibal stated that the process was in motion, but CJI highlighted that it was moving slowly. The District Collectors were asked by the court to keep an eye on how the funds allotted for hospital security measures were being spent. It pointed out that in order to allow the representatives of junior and senior doctors to share their opinions, a “participatory process” must be followed.
The West Bengal government’s request to halt live broadcasting of the court proceedings in the Kolkata rape and murder case was also denied by the apex court on 17th September.
On 9th August, the victim doctor was discovered deceased in the college’s seminar hall. The results of an autopsy proved she had been murdered and raped. Doctors around the nation have gone on strike in protest of the incident, advocating for tighter legislation and policing to protect the safety of medical personnel. The incident has caused widespread indignation and protests. The investigation into the matter has been handed over to the Central Bureau of Investigation (CBI) by the Calcutta High Court which slammed the negligence and attitude of the state government. Meanwhile, the main accused named Sanjay Roy was arrested by the authorities.
