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Chief Justice of India (CJI) DY Chandrachud criticised a recent notification by the West Bengal government that directs state-run hospitals to avoid assigning night shifts to women doctors. He emphasised that it is the state's responsibility to ensure their safety. The Bench, comprising CJI Chandrachud, Justices JB Pardiwala and Manoj Misra, said this after learning that the State had issued the notification as part of new security measures, which suggested that night duties for women doctors could be avoided. This policy was put in place following the aforementioned incident.
According to Live Law report, the Bench was addressing a suo motu case concerning the rape and murder of a 31-year-old trainee doctor at RG Kar Medical College and Hospital in Kolkata. The doctor was found dead in a seminar hall on August 9, 2024, with the autopsy confirming she had been raped and murdered.
Why Limit Women Doctors, Supreme Court Asks West Bengal Government
While addressing the suo motu case about the RG Kar Medical College and Hospital, CJI today said, “How can you say women cannot work at night? Why limit women doctors? Women do not want concessions, but equal opportunities... women doctors are willing to work in all conditions. They must work in all conditions... State of West Bengal has to correct it. You cannot say that women doctors cannot work beyond 12-hour shift and not at night... armed forces, etc. all work at night, which includes women.”
He further stated, “We cannot tell any woman today in our country, who is in the workforce, that you will not work at night.” The court stressed that it is the state's duty to provide security for them and that prohibiting women doctors from working at night could negatively impact their careers.
Chief Justice Urges Security Over Restriction
The CJI told Kapil Sibal, senior advocate and counsel for theMamata Banerjee government, “Mr. Sibal, you have to look at it, the answer to it is that you must give security. West Bengal should correct the notification, your duty is to provide security, you cannot say that women cannot work at night. Pilots, Army, etc all work at night.”
In response to this, “Senior Advocate Kapil Sibal, representing the State government, submitted that the State would issue a notification to correct it. He also said it was only a temporary security measure”, as per the Bar and Bench report.
West Bengal Government Announces New Safety Measures for Women Doctors
The Central Bureau of Investigation (CBI) is currently investigating theKolkata rape and murder case of the young doctor. In response to nationwide protests over the RG Kar hospital rape-murder incident, Chief Minister Mamata Banerjee's principal advisor, Alapan Bandyopadhyay, last month announced some new initiatives to enhance the safety of women doctors. It includes resting rooms and CCTV-monitored ‘safe zones’ areas, 'Rattirer Sathi – Helpers of the Night' flagship program, a mobile app with alarm, breath analyser tests, and night police patrolling.
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This horrific incident has triggered nationwide outrage and protests, with doctors across the country striking to demand stricter laws and enhanced safety measures for medical professionals. The court’s directive emphasises the need for a balanced approach that ensures both safety and professional equality.
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