'Women Don't Want Concessions, Give Them Security': SC Rebukes Bengal Govt Over Limit On Night Shifts, 'Raatirer Shaathi'
The Supreme Court on Tuesday pulled up the West Bengal government over new rules that said that women doctors shall not be employed on night shifts or shifts exceeding 12 hours.
Kolkata Doctor Rape-Murder: The Supreme Court on Tuesday pulled up the West Bengal government over new rules that said that women doctors shall not be employed on night shifts or shifts exceeding 12 hours. The CJI DY Chandrachud led bench said that women don't need concessions, they want security and equal opportunity.
While the top court was hearing counsels appearing for Senior and Junior doctors of Bengal, it was informed about a rule notified by the state which said that lady doctors are not allowed to work during the night.
CJI Chandrachud expressed dismay over the rule and asked "how can that be?"
"Women do not want concession 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." CJI Chandrachud said.
'Sanjoy Roy Was Also One Such Worker': SC Questions 'Raatirer Shaathi' Programme
The top court also agreed with the contentions of the senior and junior resident doctors against the Raatirer Shaathi programme of the West Bengal government. The Supreme Court expressed reservation on West Bengal government's decision of having contractual workers under the Raatirer Shaathi programe to be trained and deployed for security and said the main accused in the RG Kar rape and murder case Sanjoy Roy was also such a worker.
"Regarding Raatirer Shaathi programe, if you again have contractual workers who are trained to work etc...then let us face the reality.. Sanjoy Roy was also such a worker...who will take responsibility to secure the woman doctors against them?...They do not know who these people are...they are not the police." CJI asked Senior Advocate Kapil Sibal.
'Progress Is Very Slow': SC Tells Bengal Government Over Measures To Improve Safety At Hospitals
The top court today asked the West Bengal government to show steps taken by it to ensure safety to doctors.
The West Bengal goverment had filed an affidavit in the top court on behalf of state health department, detailing the steps taken to upgrade duty rooms, rest rooms, toilet facilities, availability of CCTV cameras in government medical colleges and hospitals across the state. The court noted that the affidavit indicates that sanction has been granted to create additional infrastructure for safety in state run hospitals by the West Bengal government.
After going through the state government's submissions, the top court questioned the effectiveness of the Raatirer Shaathi programme, and said that having contractual workers was not a great idea as the main accused in the RG Kar case is a civic volunteer. Doctors don't know who they are.
Senior Advocate Sibal, however said that CISF and police is there and Raatirer Shathi is just an addition.
"Problem is when you assign safety of doctors to contractual staff, they will roam around the hospital," CJI said. Sibal said that there is a police outpost in every hospital. The CJI however replied that "even then RG Kar happened!"
At this point Kapil Sibal said that then the Bengal government will disband Raatirer Shathi, if court wants. CJI Chandrachud however said that the court is not in charge of the governance and it is not about what we want.
Sibal then prayed that the court must have some faith in West Bengal government and it is cognizant of all of this.
At this point the CJI said that the state must understand that these girls joining the 45 medical colleges in the state are just out of 12th standard and are very young
"You must have police forces in these 45 colleges. In RG Kar also the progress is very slow. You sanctioned 415 additional CCTV cameras but only 36 installed!" CJI said.
However, Sibal appearing for West Bengal said that within 7 to 14 days it will be completed.
While passing order today, the court said that finds merit in the reservations expressed by junior and senior doctors with regards to limit on night shift for women and the Raatirer Shaathi programe.
"The basic purpose must be to ensure safety and security for all and women doctors don't need special concession but safety and security for them to work and thus such conditions would impose obstacles in their medical career. Moreover, it would be inappropriate if women are given concession for hours of duty and it must be reasonable hours for all doctors. West Bengal has thus assured that any such conditions which cast cloud on basic premise of gender equality will not be implemented."
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