RG Kar Case | 'You Can't Say Women Doctors Can't Work At Night, Your Duty Is To Provide Security' : Supreme Court To West Bengal Govt

The Supreme Court on Tuesday (September 17) expressed disapproval of a notification issued by the West Bengal Government which stated that night duty should be avoided for female doctors. The notification was issued for the "safety of women doctors" in the wake of the rape and murder of a trainee doctor at the RG Kar Medical College Hospital Kolkata.

During the hearing of the suo motu case on the RG Kar Hospital crime, the bench led by Chief Justice of India DY Chandrachud was told by Senior Advocate Haripriya Padmanabhan about this notification of the Government. 

CJI DY Chandrachud said that the State, instead of increasing security for women, can't say that women doctors should not work at night.

"How can you say women cannot work at night? Why limit the women doctors? They don't want a concession...women are ready to work at exactly the same time shift," CJI said.

Addressing Senior Advocate Kapil Sibal, who was appearing for the State of West Bengal, CJI said, "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 (doctors) cannot work at night! pilots, the army etc all work at night.." CJI said.

CJI noted that the Supreme Court, in Anuj Garg case, had struck down a condition issued by the Punjab Government preventing women from working in liquor shops. CJI said that in Anuj Garg case, it was laid down that under the guise of protection, restrictions can't be placed on women's freedoms.

Regarding the State limiting the duty hours of women doctors to 12 hours, CJI said that the hours of duty should be reasonable for all doctors and that it would be inappropriate to target women doctors as compared to their male counterparts.

Sibal agreed that the State would make changes in the August 19 notification to remove the clauses limiting the women doctors' duty hours to 12 hours and suggesting the avoidance of night duties for them.

Senior Advocates Indira Jaising and Karuna Nundy appeared for the associations of junior doctors and senior doctors respectively.

Live updates from today's hearing can be followed here.

Links to reports about today's hearing can be read here :