She was only 31. Her mind was full of dreams with a future replete with prospects and promises. Little did she know that the fateful night of August 9 would wipe her away from the history of existence leading to an uproar so massive that was not confined to India alone but transcended beyond the seven seas.
The horrific rape and murder of the PG trainee doctor at the now infamous RG Kar Medical College and Hospital in Kolkata continues to send shockwaves, not just for the brutality associated with the incident but also because of the blatant disregard for safety protocols that should have been observed by the institution, which could have prevented the ghastly occurrence.
Moreover, the incident reflects the kind of ghoulish level of inhumanity that runs rampant in campuses not only restricted to the health sector alone but across fields and disciplines.
The big question one needs to ask now is – what is the way forward?
It was in 2013 that India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, also known as the Prevention of Sexual Harassment (POSH) Act, which obligates companies to provide a secure working environment for female employees. At the same time, the act was also designed to provide a proper redressal mechanism for women subjected to sexual harassment while incorporating the Vishaka Guidelines. The POSH Act was enacted following the gruesome Nirbhaya case of 2012 that shook India by the soul.
However, are the objectives of the POSH Act truly being met? A recent report by the Business Standard that cited data from the National Crime Records Bureau (NCRB), claimed that the country had reported over 400 cases of sexual harassment at workplaces between 2018 and 2022.
Of these, an average of 445 cases were reported yearly during this period. Furthermore, more than 419 cases, or about 35 per month, were reported in the country in 2022, with Himachal Pradesh topping the list, followed by Kerala, Maharashtra, and Karnataka.
Clearly, given the current situation, it does seem like instances of sexual harassment at workplaces continue to be a burning issue.
Now to know what changes can be initiated to prevent any untoward incidents at workplaces, and make it a safe zone for all, especially women, Hindustan Times Digital spoke to experts comprising of advocates and young doctors who work round the clock to cater to the needs of the patients.
The POSH Act: an outline
Elaborating on the POSH Act, Advocate Nashrat Majid from Guwahati said, “The Prevention of Sexual Harassment at Workplace Act, 2013 (POSH Act) was a landmark legislation in India aimed at providing a safe and secure work environment for women. The Act mandates the establishment of an Internal Complaints Committee (ICC) in workplaces with ten or more employees to address complaints of sexual harassment. It outlines a comprehensive mechanism for reporting, inquiry, and redressal, emphasising confidentiality, protection from retaliation, and support for the complainant. The Act also extends to students, patients, and clients, broadening the scope beyond traditional employee-employer relationships.”
The loopholes in the POSH Act and changes required
Advocate Majid explained that the POSH Act has certain loopholes from a legal standpoint. She said, “Firstly, it places a significant burden on employers to constitute and manage the ICC, which may not always be feasible for smaller organizations or those lacking resources. Additionally, the Act does not adequately address the potential for bias or lack of training among ICC members, which can lead to mishandling of cases.”
She stressed that to make the Act stronger, authorities must address critical gaps which undermines its effectiveness. She said that the requirement for conciliation before an inquiry should be made an easy process for victims so that they don’t feel pressurised.
Additionally, there should be clear penalties for non-compliance of POSH Act by employers, and also a presence of a centralised authority to oversee the implementation of the Act.
Enhanced focus on ‘prevention’ rather than ‘redressal’
Jahnabi Goswami, a Gandhinagar-based law student from Guwahati, recalled that a similar incident had happened almost a decade ago in the Assam Medical College and Hospital, Dibrugarh when a junior doctor was murdered at the ICU by a ward boy.
She said, “We have also heard of similar cases like that of Vishaka and Aruna Shaunbag. Sexual harassment of women in the workplace has become a pressing issue and it is high time that there is stringent enforcement of the POSH Act. I would say, that instead of working on the “redressal” aspect after the damage is already done, authorities should instead emphasise on the “prevention” aspect, thereby keeping the woman’s safety intact.
Increased sensitisation campaigns on POSH Act at workplaces
Dr Kasturi Sharma from the SUM Hospital in Bhubaneshwar, who was deeply affected by the tragic fate of a fellow trainee doctor in Kolkata, said, “Authorities must ensure that no female feels unsafe at a place where she earns her daily bread. This can only be done when the objectives of the POSH Act are recognised in truest sense. The management must adopt mechanisms such as regular sensitisation programmes on the POSH Act at workplaces or conduct routine workshops to education employees at intervals about the importance of the Act that was designed to prevent such unfortunate events. Being respected and protected is a basic human right that all citizens must enjoy, and women are no exception,” she added.
Referring to the RG Kar incident, she added, “One might think how one incident can affect women and doctors in particular and that is because it could have been me. The same duties, the same responsibilities she had on that day, I do too. If you put yourself in our place you can only imagine how horrifying it is.”
A collective outrage and re-evaluation of the laws in place
Dr Ritwik Sharma, another healthcare worker from Guwahati, also expressed his grief over the recent incident at the RG Kar Medical College and Hospital, and said “Such atrocities demand not only our collective outrage but also a serious re-evaluation of our legal system. Laws such as POSH must be more stringent when dealing with crimes of this nature, ensuring that the consequences are severe and swift.
“Moreover, there is an urgent need for heightened security measures within medical institutions. The scrutiny of attendants and visitors should be more rigorous, as doctors, unlike many other professionals, are constantly interacting with a wide range of people, many of whom are under extreme stress due to illness. In such a volatile environment, anything can happen, and it is imperative that we take steps to safeguard those who are dedicating their lives to saving others.”
“The system must change, and it must change now, to protect the lives and well-being of those who are the backbone of our healthcare system,” he added.
It may be mentioned here that the Supreme Court on Tuesday called for the setting up of a 10-member national task force to make recommendations on prevention of violence and safe working conditions for medical professionals.
A bench headed by Chief Justice of India DY Chandrachud said that the task force will submit its interim report within three weeks and the final report within two months. As per the Court’s directive, the doctors’ panel will frame guidelines for ensuring the safety and protection of medical professionals and healthcare workers across the country.
The top court also said, “If women are not able to go to work and working conditions are not safe, we are denying them equality.”