How the Kolkata Tragedy Highlights the Need for Women’s Safety at the Workplace

The recent rape and murder of a doctor at Kolkata’s RG Kar Medical College Hospital has once again drawn attention to the pressing issue of women’s safety at the workplace. This tragic incident highlights the gaps in implementing women’s safety at the workplace measures, including those mandated by the Sexual Harassment of Women at Workplace and Women’s Safety at the Workplace in general (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act). If India is to increase the participation of women in the workforce, ensuring workplace safety must be a top priority.

The latest Periodic Labour Force Survey (PLFS), released by the Ministry of Statistics & Programme Implementation (MoSPI), reveals a glaring gender disparity in India’s urban workforce. Between January and March 2024, only 20.3% of urban women were part of the workforce, compared to 58% of men. One of the primary reasons for this disparity is the fear of harassment and assault in unsafe work environments. For many women and their families, this fear outweighs the benefits of employment, especially when jobs require relocation to unfamiliar cities.

ALSO READ: How Judicial Restraint Plays a Role in Safeguarding Litigant Dignity

The tragic case in Kolkata serves as a powerful reminder that women’s safety at work is more than just a legal obligation—it is essential for boosting female participation in the labor force. While rape is a heinous crime no matter where it occurs, the circumstances surrounding this case place it under the purview of the PoSH Act, which mandates workplace safety for women.

The Importance of Women’s Safety at the Workplace

The Supreme Court’s landmark ruling in Vishaka v. The State of Rajasthan recognized that sexual harassment at work violates a woman’s fundamental rights to equality and dignity. The court placed the responsibility for preventing such violations on both the legislature and the executive, urging them to ensure women’s safety through appropriate laws and enforcement mechanisms. However, as the Kolkata incident demonstrates, many institutions still fall short of this responsibility.

In this case, hospital authorities failed to protect their staff, especially those working late-night shifts. Precautions such as increased security, better lighting in vulnerable areas, and awareness programs about workplace safety might have deterred the crime or at least mitigated its likelihood. The PoSH Act emphasizes creating awareness among employees, but many workplaces, especially in the public sector, neglect this critical aspect of employee safety.

Cultural and Social Barriers to Workforce Participation

The reluctance of many families to allow women to work, particularly in unfamiliar cities, is rooted in the widespread fear of sexual harassment and violence. For instance, the story of a house-help’s daughter illustrates this reality. Despite finishing school, she was discouraged from seeking formal employment because her family feared for her safety. This fear is magnified when women are required to use public transport, live with strangers, or relocate for work, further limiting their opportunities.

This societal mindset restricts women’s access to higher-paying jobs and professional growth. Migrating to employment hubs like Delhi, Gurgaon, or Bangalore often involves considerable risks, including harassment during the commute and inadequate safety measures at the workplace.

The Role of the PoSH Act

The PoSH Act mandates that all workplaces conduct regular awareness programs, educating both male and female staff about the laws against sexual harassment and the penalties involved. These programs are designed to create a safer and more informed workplace, where employees understand their rights and responsibilities lead to Women’s Safety at the Workplace.

Unfortunately, the implementation of the PoSH Act remains inconsistent. The Kolkata incident also exposed how workplaces can fail to act promptly and responsibly. The hospital’s initial response—to declare the death a suicide despite clear evidence of foul play—was a clear attempt to cover up the crime and avoid the stigma associated with workplace rape.

The failure of institutions to take PoSH regulations seriously sends a message that women’s safety is not a priority. This neglect not only endangers female employees but also discourages women from participating in the workforce.

ALSO READ: Legal Challenges of Non-Disclosure Agreements and Whistleblowing in AI and Corporate Governance

The Way Forward

The Kolkata rape and murder case has sparked nationwide outrage, prompting the Supreme Court to take suo motu cognizance of the issue. The Court has established a National Task Force to address the broader safety concerns of medical professionals and other vulnerable workers. This task force aims to formulate recommendations for improving workplace safety and ensuring better working conditions across various sectors.

However, legal reforms and the creation of oversight bodies alone will not suffice. Employers—both in the public and private sectors—must prioritize the implementation of safety measures, including those outlined in the PoSH Act. Regular training programs, improved security, and adequate funds for safety initiatives are crucial steps toward building a safer working environment for women.

In conclusion, ensuring women’s safety at work is not just a legal requirement but a moral imperative. As India strives to increase women’s participation in the workforce, the government and employers must work together to create environments where women feel safe and supported. Failing to do so will only further discourage women from pursuing employment opportunities, hindering the country’s progress toward gender equality and economic development.