-Shashanki
Final year law student, FIMT, GGSIPU
In the halls of RG Kar Medical College where dreams are shaped and the future of our young generation is moulded, lies a hidden wound, a wound not of the body but of the spirit. A recent incident at this college has once again highlighted the threat of sexual harassment and misconduct persisting in the professional scenarios. What occurs when the very setting designed to foster growth turns into a battlefield, for honour and decency? This case sheds light on this battle, for a safe work environment as a significant arena, in advancing women’s rights in India.
The RG Kar College incident is more than just a local event; it’s a reminder of the continuing struggle for women’s rights and the legal frameworks meant to safeguard them, specifically the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) and how power imbalances in institutions along with carelessness and societal prejudices persist in jeopardizing women’s safety in the workplace. The question remains “How can we create a tomorrow where stories of abuse are replaced by the voice of justice?”
The answer to this question was provided in the form of PoSH Act 2013, which was enacted after 16 long years, following the implementation of the Vishakha Guidelines propounded by the Supreme Court in 1997. Prior to the establishment of Vishakha Guidelines, the term “Sexual Harassment” was not defined in the criminal code of India. The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, hereinafter referred to as PoSH Act defines the term sexual harassment in Section 2(n) as “direct or implication of unwelcome acts or behavior such as physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography and any other unwelcome physical, verbal or non-verbal conduct of sexual nature.” Though this definition is descriptive, it stands to be bound to certain restrictions.
Stemming from a patriarchal society moving towards a truly egalitarian society, Posh act stands to be one of the most important legislations in empowering women towards equal opportunities. It serves as the much-needed legal safeguard offering the protection and support essential for creating environments where women can thrive without fear. The main objectives of the act involve prevention of sexual harassment and establishment of an effective redressal mechanism. Despite its noble intentions, the rising number of such cases highlights the Act’s inadequate provisions and limited effectiveness in curbing workplace harassment.
The RG Kar College Case
The Hon’ble Apex Court took suo motu cognisance of the incident on 18 August 2024 despite seasoned judges at the High Court already dealing with the matter, because it concerned the larger question of safety of members in the medical profession at large. The Chief stated, “We are deeply concerned that there is a virtual absence of safe conditions of work for doctors in public hospitals.”
On the fourth day of proceedings, 17th Sept 2024, the three-judge bench comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and J. Manoj Misra reviewed an updated status report from the Central Bureau of Investigation (CBI) about the rape and murder of a woman trainee doctor at the R.G. Kar Medical College and Hospital, Kolkata on 9 August 2024. On 9th September, the Court had flagged a missing challan, specifically a document which was filled by a constable and sent to a doctor carrying out the post-mortem autopsy. The court is currently entertaining arguments on the submission of CCTV recordings to CBI and protective measures ensuring safety of the doctor. The pressing issue that currently persists in addition to the laws regarding safety of women at workplace is the protests being conducted by the junior doctors. Initially, both senior and junior doctors stood united in protest, but now, while the senior doctors have returned to their duties, the junior doctors remain steadfast. They’ve put forth specific demands, making it clear that they will only return to work once those demands are met, encompassing their concerns and safeguards. Senior Advocate Indira Jaising representing the junior doctors pointed out that they had several requests, namely:
1. “The formation of a board in each hospital comprising the doctors, nurses and other staff for increased security measures,
2. The formation of an internal grievance committee to address issues faced by doctors
3. The formation of an internal counselling committee to help doctors deal with the stress of the job”
She further informed the hon’ble court that the doctors had no reservations returning to work if these “trust-building” endeavours were met.
Lacunas of the Legal Framework
The bench further stated that out of 37 government hospitals situated in West Bengal, 17 had medical colleges attached to them. One of the demands of the junior doctors highlighted the lack of grievance committee. According to the provisions of the PoSH Act, in organizations with 10 or more employees it is mandatory to set up an Internal Complaints Committee. This implies that such institutions must also have a designated committee to handle complaints of sexual harassment. For workplaces with fewer than 10 employees, there is a provision for Local Complaints Committees (LCCs) at the district level. The procedure for filing a complaint has been stated in Section 9, it entitles an aggrieved woman must submit a written complaint along with supporting documents to the internal or local complaint committee within the time frame of 3 months from occurrence of the incident. The ICC is also empowered to recommend interim measures such as transfer or leave of the aggrieved woman.
In May 2023, while addressing the widespread extent of sexual abuse and following the Supreme Court's directives, the National Medical Commission (NMC) took a crucial step to protect healthcare workers across India. It directed all healthcare institutions to establish dedicated committees responsible for investigating any allegations of sexual harassment against their staff. Said committees were tasked to ensure speedy and just investigation, while also enforcing strict compliance with the PoSH Act, reinforcing the commitment to creating a safer environment for everyone in the healthcare sector.
Despite the PoSH Act mandating the formation of Internal Complaints Committees, it’s alarming that junior doctors are still fighting for something as fundamental as a safe work environment. The gap between the law on paper and its implementation in reality highlights a serious failure in ensuring the protection that women are entitled to. The lack of action not only undermines the law but also forces these young professionals to endure an unsafe atmosphere where their concerns are ignored.
The PoSH Act also provides for the provision of Conciliation under Section 10, which is contradictory to the nature of the offence. The very essence of the act is to provide justice to the aggrieved woman. The offense of sexual harassment, by its very nature, is serious and non-compoundable under general criminal law, reflecting the gravity of the violation. However, the PoSH Act contains provisions that allow for compounding, or settling, such cases. Even though the act specifically prohibits monetary settlement, it undermines the very spirit of law. Most of such cases fall into the category of quid pro quo cases and hence the victim succumbs to the perpetrator’s abuse. Allowing conciliation/settlement in cases of sexual harassment not only diminishes the authority of the Act but also sends a dangerous message, it trivializes the harm done and threatens the safety of women.
Other Incidents of Sexual Harassment in the healthcare sector
According to a study conducted between 2005 and 2006 across four hospitals in Kolkata, 135 women healthcare workers shared their experiences of sexual harassment. This investigation uncovered 128 separate incidents, exposing the various forms of harassment faced by healthcare professionals, from doctors and nurses to attendants, administrators, and non-medical staff. Unfortunately, the healthcare sector continues to be plagued by such incidents. In February 2021, a junior resident doctor at a medical college reported being harassed by a senior resident. Despite the Internal Committee finding evidence to support her claims, the accused faced no significant repercussions.
In July 2023 at Mumbai’s Nanavati Max Super Specialty Hospital a similar incident came to limelight. A resident doctor alleged sexual harassment by a senior clinical consultant. When she tried to report the incident, the Human Resources department, instead of offering support, threatened her career, left her isolated and vulnerable.
In December 2023, three female employees at a government hospital in Delhi filed complaints against their manager and supervisor, detailing incidents of sexual harassment coupled with threats of termination if they didn’t comply with their inappropriate demands. Their decision to come forward shed light on a toxic culture where abuse of dominant position is prevalent.
Instances, like these happening in various regions of India and within healthcare systems reveal a harsh reality. Places intended for healing and care too often become breading grounds of exploitation and abuse. The prevalence of harassment in healthcare persists despite laws such as the PoSH Act; the silence surrounding this issue is alarmingly loud. For every individual who bravely shares their story of victimization numerous others stay hidden, in secrecy, the fear of reprisal or lack of belief silencing their voices. Change has been long overdue.
Suggested measures during the proceeding
During the proceedings Senior Advocate Kapil Sibal highlighted the Rattirer Saathi (companion of the night) initiative aimed to provide additional security to the professionals. Appointing security personnel recruited by private security companies was the key highlight of the initiative, however, the bench found it controversial considering the accused itself was a civic volunteer. The bench also stated that it was natural for women doctors to be wary of private personnel and volunteers to be in charge of their safety. In the midst of current uproar, this initiative seems like an appropriate step to calm the protests and address immediate safety concerns. But real concern remains: How effective will these measures be in the long run, or across other sectors? It's essential to acknowledge that sexual harassment and rape are not limited to the healthcare industry; they are problems that affect all types of workplaces across various sectors. Without sustained efforts and broader application of these initiatives, the problem will persist, leaving countless women vulnerable in workplaces beyond the walls of hospitals. The ultimate obstacle lies in establishing enduring changes that safeguard women across every sector, not just responding to crises as they arise.
Conclusion
Even though regulations like the PoSH Act are in place, the real problem lies in the failure to truly enforce them. The laws exist, but without proper implementation, there is hardly any reduction visible in the number of cases. These stories remind us that the pain continues not because we don’t have rules, but because those rules are not being applied with the care, compassion, and strictness they deserve. The systems designed to protect women fall short when institutions turn a blind eye or choose to protect reputations over people. Despite stringent laws and harsh punishments, cases like the Nirbhaya rape in 2012 and the recent RG Kar College incident in 2024 continue to haunt us. Twelve years have passed, and yet little seems to have changed. These incidents expose a haunting reality: our laws, no matter how severe, are not enough. The punishments, however strict on paper, have not deterred the rising tide of sexual violence. Year after year, the number of reported rape cases increases, and yet the system remains stagnant. In the face of this ongoing crisis, a painful question persists; who is truly safe, and from what?
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