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Supreme Court Rules Against West Bengal's Restriction on Women Doctors' Night Shifts

The Supreme Court has ruled that the West Bengal Government cannot restrict women doctors from working night shifts or beyond 12 hours. The ruling came during a hearing on the RG Kar Medical College case, emphasizing equal opportunities and state responsibility for safety.

Doctors protesting for justice for Abhaya
Doctors protesting for justice for Abhaya

The Supreme Court on Tuesday ruled that the West Bengal Government cannot prevent women doctors from working night shifts. The bench, led by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, made this observation after being informed about the state government’s decision to restrict women from working night shifts and beyond 12 hours.

The remarks were made during a hearing on a suo motu petition concerning the rape and murder of a doctor at the state-run RG Kar Medical College and Hospital in Kolkata, West Bengal. The court questioned the government’s notification that barred women from night duties and restricted them to 12-hour shifts.

Senior Advocate Kapil Sibal, representing the West Bengal Government, assured the court that the notification would be withdrawn. He explained that the restriction was a temporary measure as part of recent security protocols.

The Supreme Court emphasized that women do not seek concessions but equal opportunities and are willing to work under all conditions. It stressed that it is the state’s responsibility to ensure the safety of women doctors.

In addition, Senior Advocate Sibal informed the court that Chief Minister Mamata Banerjee has promised no punitive or adverse action against doctors who return to work.

The court also expressed displeasure with a lawyer who submitted an application seeking the resignation of West Bengal Chief Minister Mamata Banerjee. The Supreme Court made it clear that this is not a political forum and warned the lawyer that he would be removed from the court if he continued. “This is not a political forum, alright,” the court stated, adding that legal discipline must be adhered to. “We are not here to see what you feel about a political functionary,” it said.

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Solicitor General Tushar Mehta informed the Supreme Court that the victim’s name and photograph were still present on the Wikipedia platform. The court directed Wikipedia to comply with its previous directive to remove the victim’s identity from its platform. The Supreme Court reiterated that, in the interest of maintaining the victim’s dignity, the identity of a rape victim should not be disclosed.

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