SC tells Bengal govt women cannot be restricted from working at night

New Delhi: The Supreme Court informed the West Bengal government on Tuesday that restrictions on women doctors' ability to work night shifts or shifts longer than 12 hours cannot be upheld.

The bench, presided over by Chief Justice DY Chandrachud, was informed by the state government that these regulations were notified as a part of their safety measures to guarantee the protection of medical professionals while they were at work. 

The court was deliberating over a suo motu case concerning the August rape and murder of a 31-year-old resident doctor at the state-run RG Kar Medical College and Hospital in Kolkata, the Scroll.in reported.

“Women do not want concessions, but equal opportunities,” Chandrachud told the Trinamool Congress government. “They are willing to work in all conditions…Your duty is to provide security.”

The chief justice added: “We cannot tell any woman today in our country, who is in the workforce, that you will not work at night.”

The state administration promised to correct its notification. According to Live Law, a group representing junior doctors in the state who have been on strike in protest of the rape and death of their colleague informed the court on Tuesday that they were willing to resume work following their meeting with Chief Minister Mamata Banerjee on Monday. 

Following the meeting, Banerjee declared that senior officials, including Kolkata Police Commissioner Vineet Goyal, would be relieved of their positions in accordance with the doctors' requests. 

The doctors' organisation also requested that the Supreme Court issue guidelines for the creation of internal complaints committees to address sexual harassment, counselling clinics, and confidential grievance redressal procedures in each hospital.

“Each of these aspects would merit serious consideration,” the court said. “We impress upon the state of West Bengal to take remedial action if not already done, within a period of three days from this order.”

A report from the Central Bureau of Investigation detailing the junior doctor's rape and death was also noted by the court as "disturbing." There was still time for the agency to file its chargesheet, the bench stated, declining to reveal specifics from the report that could compromise the ongoing investigation.

Wikipedia was also ordered by the Supreme Court to take down the name and picture of the 31-year-old medic from its page detailing the incident, according to Live Law.