By Suhani Sharma and Nandita Purvi

“I measure the progress of a community with the degree of progress women have achieved.”

–       B.R. Ambedkar

The safety of female doctors in state-run hospitals has become an urgent and pressing issue in light of the recent Kolkata rape case. Despite increasing awareness and legal reforms, female healthcare professionals continue to face significant threats to their safety, which undermines their ability to perform their duties effectively and with dignity. This commentary seeks to analyse the intersection of constitutional rights, the legal frameworks and precedents acknowledging, albeit failing to fulfil the promise of a ‘dignified life’, and concludes with an urgent call for action in addressing and redressing the safety gaps in the healthcare sector to realise the constitutional promise towards the protection of women.

Aruna Shanbaug Case: A Legacy of Inadequate Safety for Female Doctors

Aruna Shanbaug, a nurse working at the King Edward Memorial Hospital in Mumbai, was brutally assaulted and left in a vegetative state by a ward boy in 1973. The case drew national attention for its horrific details and the landmark judgement that followed. While the Supreme Court’s ruling on euthanasia in this case remains significant, it also brought out the critical issue of women’s safety within hospitals.

Despite the heightened awareness, shock, and legal debates generated by the Shanbaug case, systemic changes to protect female healthcare workers have been incredibly insufficient. Reports of violence and harassment against female doctors in hospitals persist even more than 50 years later, revealing that the legal and administrative measures implemented so far have not been effective in ensuring their safety.

An article from The Hindu highlights the ongoing challenges faced by female doctors, especially in remote and under-resourced areas. Dr. Swati Sagar, a dental surgeon in Dhaulana, Uttar Pradesh, leaves work before dark due to safety concerns in her isolated health centre. Similarly, Dr. Neha Chaudhary in Ghaziabad faces harassment from male patients due to inadequate security. Dr. Noor in Bahraich and Dr. Sandhya Shree in Bihar also report significant safety issues, reflecting a broader problem affecting many female doctors in remote areas. This ongoing relevance of the Shanbaug case highlights the need for a comprehensive reassessment of policies and practices designed to protect women in healthcare settings. 

The Constitutional Rights: An Illusion of Safety?

The incidents reported in remote areas, where female doctors face daily harassment, raise critical questions about the effectiveness of existing legal frameworks. These women, isolated in their work environments, are forced to navigate a landscape where their safety is continuously compromised. Despite the progressive intentions behind India’s legal system, including the Constitution’s guarantees, the lived reality for many women in the healthcare sector is one of constant insecurity. This is not merely a lapse in law enforcement; it is a deeper systemic issue that undermines the very fabric of constitutional protections. 

India’s Constitution enshrines the fundamental rights of all citizens, including the Right to Equality (Article 14), the Right to Life and Personal Liberty (Article 21), and the Right to Practise any Profession or Carry on any Occupation (Article 19).  The failure to provide safe working conditions for women in healthcare is, in effect, a denial of their fundamental rights. The absence of adequate security measures, as seen in the Dhaulana and Ghaziabad cases, forces women to either risk their safety or forgo their right to work. How can a nation claim to uphold the principles of equality and justice when its women are compelled to choose between their safety and their profession? This dilemma is exacerbated in state-run hospitals, where institutional apathy and inadequate infrastructure further endanger female healthcare workers. The physical and psychological toll of working in such unsafe conditions cannot be overstated, as it directly impacts the dignity and autonomy of female doctors.

The tragic rape and murder in Kolkata’s R.G. Kar Medical College serves as a harrowing reminder of the pervasive risks that women in the medical profession face. Despite the legal framework established by cases such as Vishaka v. State of Rajasthan and the subsequent enactment of the POSH Act, the reality remains grim. The heinous crimes nonetheless continue to occur, raising doubts about the effectiveness of current legal protections. How effective are laws if they cannot prevent such atrocities? The recurring nature of these incidents suggests that the state’s response is inadequate and alarmingly indifferent. The Supreme Court of India’s stance in Vishaka emphasised that sexual harassment is not only a violation of women’s fundamental rights but also a significant impediment to their ability to participate equally in the workforce. This landmark case laid down guidelines that eventually led to the enactment of the POSH Act. However, as the incidents from Kolkata and other regions demonstrate, the mere existence of laws is insufficient. The state seems to be actively absent in ensuring their implementation, particularly in vulnerable sectors like healthcare. The legal precedent set by Vishaka was supposed to be a turning point, yet the gap between legal theory and practical enforcement remains wide.

Way Forward

In the vein of critical analysis, the current state of safety for female doctors in India is evidently an exemplary case in point to reflect a disjunction between constitutional ideals and on-ground realities. The core issue is whether, despite widespread protests demanding justice and international scrutiny highlighting the dismal state of women’s rights in India, the country, aspiring to be a global leader, will implement a coherent and enforceable safety mechanism, or if it will continue to dilute the problem due to federal incompetence. The persistent failure to secure these professionals’ working environments highlights an urgent need for a reassessment of both legal and institutional practices. If the constitutional promise of equality and security for all women is to be realised, the state must take proactive steps to bridge this gap. Otherwise, these promises remain hollow, leaving women vulnerable and the nation’s commitment to gender equality in question.