Kolkata rape and murder case: A wake-up call for women's safety and workforce participation in India

The latest Periodic Labour Force Survey (PLFS), published by the Ministry of Statistics & Programme Implementation (MoSPI) revealed a stark figure which showed that just 20.3% of urban females of all age groups were part of the country's workforce between January and March 2024, compared to 58% of urban men. Various factors contribute to the reduced presence of women in the workforce, with unsafe work environments being the most significant reason.

In 2022 alone, there were more than 31,000 reported rapes in India, according to the National Crime Records Bureau (NCRB), which translates into roughly 85 rapes every day. Rape is rape, but only some get public outrage or widespread condemnation while the majority of them remain in oblivion.

Additionally, my encounter with my house-help exposed me to the ground reality that the parents of a girl child in our country go through regularly. The daughter of my house-help, after finishing her schooling, started assisting her father by cleaning and collecting garbage from the neighbouring households. When I confronted my house-help about why his daughter was helping him instead of pursuing higher education or some formal job, he seemed very reluctant about sending her daughter to another workplace (except a government job) as he feared for her safety and well-being. Employment opportunities are highly concentrated in areas like Delhi, Gurgaon, Noida, Bangalore, Chennai and Cochin, often requiring women to migrate from their hometowns and villages. This migration brings additional risks to them, such as staying with strangers and using public transport regularly, which makes the parents even more apprehensive.

Recently, the rape and murder that happened in Kolkata’s RG Kar Medical College Hospital has shaken the entire nation. Although it was a case of rape, it also falls within the category of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act). Workplace safety has to be one of the core areas of concern if we are to make more of our women a part of the country’s labour force.

The Supreme Court in Vishaka v. The State of Rajasthan emphasised that rape is an offence specifically targeting women and is a deprivation of their fundamental rights of equality, dignity and carrying out any occupation. It had said,

“The primary responsibility for ensuring such safety and dignity through suitable legislation, and the creation of a mechanism for its enforcement, is of the legislature and the executive."

If we talk about the Kolkata incident, the hospital authorities had a legal obligation to ensure the safety of women, especially those working late night shifts, which it miserably failed to do. While it would be naive to say that it would have surely prevented the incident, one must not forget that it had the potential to instil some kind of fear in the mind of the perpetrator that if he were to do something as horrendous as he did, there were very fewer chances of him getting away scot-free. Precautions are there because they have the potential to minimise the risks involved to a greater extent. Similarly, in this case, the tragedy might have been avoided if there had been awareness about the PoSH law, by identifying vulnerable areas, and focused security measures for female doctors by engaging additional security staff and allocating funds to focus on the issue.

The most disturbing aspect of this incident is that when the deceased doctor's body was found in the hospital's community room, despite the availability of doctors, the incident was initially declared a suicide. This declaration was made even though there were obvious signs of foul play, such as inconspicuous injuries and blood marks. It seemed that the hospital shamelessly attempted to cover up the crime to avoid the stigma of rape in the workplace. It was only after the girl's parents resolutely insisted that the case be investigated as a possible murder, citing the condition of her body, that the truth began to emerge.

It's important to recognise the fact that today, many of those who are protesting the rape and murder incident in Kolkata are the same individuals who, in their everyday lives, often argue that the PoSH law is being misused by women for personal gain. The PoSH Act strictly mandates awareness programs for workers, employees, staff and management on the safety and security of women at the workplace. The awareness programs should involve women employees who can provide valuable insights into the challenges they face, such as poorly lit areas, unsafe restrooms, and the need for secure resting places. The awarenes programs will sensitise both men and women towards PoSH laws and educate male staff about the severe penal consequences of committing sexual harassment. It is ultimately the state's responsibility to ensure that employers comply with the PoSH Act, which includes conducting awareness programs at regular intervals.

Creating a safe and secure workplace requires consistent and continuous efforts, supported by independent oversight. Along with government workplaces, private sector spaces must also be compliant. Under the Companies Act, companies are required to file compliance reports regarding the PoSH Act with the Ministry of Corporate Affairs, ensuring adherence to the law.

The Supreme Court took suo motu cognizance of the Kolkata doctor rape-murder incident, saying that it is not simply a rape and murder of medical professionals in a hospital, but raises systemic issues about the safety of doctors across the country. The Court has formed a nine-member National Task Force to “formulate effective recommendations to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals and other cognate matters”.

Finally, ensuring safe working spaces should not be treated as a political agenda; women's safety is a widespread societal issue that affects nearly every house in every state. After the Nirbhaya case, laws were amended to include the death penalty under the Protection of Children from Sexual Offences (POCSO) Act, making the strict law even more stringent. However, stringent penal laws alone cannot provide a complete solution. The key is for employers to follow the mandate of the PoSH law, hold regular awareness programs, involve women in the process and allocate funds for the safety of women employees. If the government and employers do not take workplace sexual harassment seriously even now, then the already low number of women in the workforce will further decline, with many returning to their home states and leaving the work opportunities in cosmopolitan cities. If any government is truly committed to the agenda of development, it must prioritise the safety of women, with no compromises at all.

Jyotika Kalra is an Advocate-on-Record practicing before the Supreme Court of India and a former member of the National Human Rights Commission.