Trigger Warning:
The following post discusses real-life incidents involving sexual assault, physical and mental trauma, and legal reforms post-nationwide protests. Reader discretion is advised.
The Forgotten Workplace Sexual Harassment Case:
18, May 2015, an Indian nurse, who spent 42 years in a persistent vegetative state, after being raped and strangled with a dog chain, tragically passed away. In 1973, while working as a junior nurse, she was brutally assaulted by the hospital janitor. Who must have thought she would never return home as the same, alive, life-loving, bubbly girl? Instead, she remained confined to a hospital bed, silent and motionless, left alone to perish over time.
This heart-wrenching incident made headlines for several days. The headlines stirred a wave of outrage and sympathy across the nation. However, with time, the news faded into thin air. Along with the news, the doubts surrounding women’s safety at the workplace, the outrage of the people, and the sympathy, gradually faded away. Though this incident was a huge jolt to humanity and posed several questions to the judicial system, with time, they all got buried—lost beneath the weight of newer headlines and fleeting public memory.
Staggering Workplace Harassment Statistics:
According to businessstandard.com, every year from 2018 to 2022, consistently, India has documented more than 400 sexual harassment cases at workplaces. This data has been cited from the National Crime Records Bureau (NCRB). (Source: https://www.business-standard.com/india-news/over-440-sexual-harassment-cases-in-indian-workplaces-a-year-during-2018-22-124081401697_1.html )
Please note that these are the recorded cases; there are innumerable victims who chose silence over justice.
RG Kar Hospital Case, Yet Another Wake-Up Call to The Nation:
09, August 2024, a 31-year-old female doctor was found in an unconscious state, bleeding heavily in the seminar hall of RG Kar Hospital in Kolkata. She had been brutally assaulted and then strangled. Later, she was declared dead. Out of respect for sensitive readers, we choose not to mention the details of the trauma the lady doctor had to endure before her death. However, we should acknowledge the long-fought nationwide protests post the incident. The protests and strikes carried out by the medical fraternity, not only in West Bengal but throughout the country, demanded justice, reforms in the workplace harassment laws, and a safer environment for women, especially working night shifts. Thus, the spark for the demand for safer working places once again rekindled. It rapidly spread throughout the nation, uniting voices from various fields and professions in solidarity.
The Quest for Clarity:
Today, as workplace safety advocates, we at Safe Spaces sit and reflect, has anything really changed for women in the workplace, after this incident?
Come, let us analyze a few points.
What’s Failing Women’s Safety at Work Today?
- Lack of POSH Compliance
- For more than a decade, since the POSH Act came into place, most organisations still do not have their basic POSH compliance implemented. This includes forming an Internal Committee, appointing an external member, organizing awareness sessions, and reporting. To know the employer’s duties as stated in the Act, refer to our blog: safespacesinc.in/what-are-my-duties-as-an-employer-under-the-posh-act
- There is a lack of focused initiatives aimed at creating safer work environments. This can be done through concerted efforts of creating awareness, not just through the mandatory employee training sessions, but also through advanced training mechanisms that foster workplaces that are genuinely safe. To understand the advanced POSH training strategies, refer to the blog: safespacesinc.in/beyond-posh-compliance-advanced-posh-training-strategies
- Lack of Awareness and Sensitization:
- Employees lack awareness about what constitutes sexual harassment and what their rights are. This leads to confusion, and incidents of sexual harassment go unreported.
- Over time, silence becomes a norm, and prolonged inaction leads to an unfavourable work environment.
- Fear of Retaliation:
- Many workplaces have inherent power dynamics. Junior employees feel hesitant and fearful when speaking about any uncomfortable situation involving senior staff or administrative members.
- Employee fear reporting any sexual harassment by their clients out of fear of losing business for their organisation.
- Being silent is preferred to being vocal, to avoid the retaliation and backlash by those in the position of power.
- Work Culture Without Adequate Safety Measures:
- Staying up for long hours at work is considered a sign of sincerity and devotion. However, such practices create dangerous vulnerabilities.
- The RG Kar hospital case victim was killed after completing her 36-hour continuous shift – a common practice in teaching hospitals.
- Organisations should work proactively towards preventive measures whenever they notice vulnerabilities
- Inadequate Infrastructure:
- Lack of secure restrooms for women working night shifts
- Broken security systems
Timeline of Significant Events Following the RG-Kar Incident (source: News reports):
Critical measures were taken at the national level to guarantee justice and ward off such tragic incidents in the future.
- August 13, 2024: CBI was assigned to the RG-Kar hospital case.
- August 18, 2024: The Supreme Court took Suo Motu Cognizance of the incident, recognizing the degree of the lapses in the system at various levels, and the necessity to ensure safety to the medical fraternity in the place of their employment.
- August 20, 2024: The Supreme Court constituted the National Task Force to compose a protocol that will assure the safety and security of the medical professionals.
- September 2024:
- CBI filed a chargesheet against the sole perpetrator of the case.
- The Supreme Court went through the CBI’s findings and raised concerns over what was revealed.
- One of the revelations included evidence tampering by the Kolkata police.
- CBI kept delving deeper into the investigation journey.
- November 7, 2024:
- The National Task Force came up with an interim report that suggested short-term, medium-term, and long-term safety measures.
- The report recommends enhanced security measures, access control, management of patient inflow, emergency helplines, infrastructure improvements, regular safety audits, mental health support, safe transportation facilities, POSH Compliance, etc. The report is still being reviewed by some of the states.
The Immediate Aftermath of the RG Kar Medical College Incident and the Protests that Strengthened Hospital Workplace Safety for Women:
- Through the protests, the medical community pushed for better security protocols, proper restrooms, adequate lighting in the corridors, functional CCTV cameras, and regular security audits. Several State Governments implemented these changes with immediate effect.
- Many institutions and hospitals established Grievance Redressal Committees for women. These committees allow the victims to report harassment incidents without fear of retaliation.
- The National Medical Commission issued guidelines for ensuring the safety of healthcare workers, especially women working night shifts.
What about the changes in other workplaces today?
In the corporate world, in the giant organizations, policies have always been in place.
Many have reported carrying out awareness and sensitization programs; however, we still doubt if women are truly empowered to stand up for themselves and report harassment. Though some progress is seen in this area, it has not yet become the norm.
In the small and large cities, with a few exceptions, in organizations like start-ups, NGOs, hospitals, and academic institutes, even the establishment and functionality of an ICC is questionable, let alone serving justice to the victim. Complaining against a superior might feel like jeopardising one’s career.
Mental Health and the Cost of Ignoring Women’s Safety at Work:
Even minor acts— like sharing a lewd joke, or staring inappropriately, or brushing against in the corridor can disturb the victim to the core. This can lead to mental distress, emotional fatigue, and a sense of self-hatred lurking within. It may cause one to lose focus at work and eventually, see its effects pouring out into one’s personal life.
The fear of speaking out and the aftermath keep the victim silent and feed the perpetrator’s intentions. Even today, after the RG Kar incident, any complainant is still doubted, labelled, and called a troublemaker by society.
Conclusion:
So, if you ask us, “Has anything really changed, for women’s safety at work, after the RG Kar, Kolkata incident?” The answer is ‘Yes’ and ‘No’.
‘Yes, ’ because in some regions the RG Kar incidence served as a real eye-opener. While significant changes throughout the nation are still a work in progress, in tiny pockets of India, we witnessed amendments to the policies, formation of safety protocols and anonymous reporting systems, and organization of sensitization and awareness workshops. Wheels of change are in motion, though slowly.
And ‘No’, because we all know that at any given moment, somewhere in some workplace, a woman is being sexually harassed. How many of them do you think have the courage to demand justice from the system? Even if they do so, do you think each of them will get the deserved support from the organization they work for? Can we honestly say, ‘she’ will not have to risk her career, dignity, reputation, and mental peace while she attempts to raise a concern? Aren’t these questions still haunting us?
To end this blog with a POSHitive note, we share with you some key measures to emotionally support a victim of sexual harassment:
- Firstly, believe her, not blindly, but respectfully and fairly. This will set a powerful example for both the victim and society.
- Stand by her when the organization or an institute tries to protect or cover up the accused. Support is the most essential factor a victim requires after enduring the trauma.
- For a fair decision, ensure the formation of a strong Internal Committee. A strong Internal Committee works proactively towards building safe workplaces. It is capable of recommending fair action in sexual harassment cases while giving the parties enough confidence to complain without fearing retaliation. For detailed information on how to form an Internal Committee, refer to the blog: https://safespacesinc.in/how-to-choose-members-for-your-posh-internal-committee/
- Navigating through the aftermath of trauma is equally difficult. Providing access to counseling sessions or therapies will make a world of difference in the victim’s healing process.
Let us all work towards women’s safety at the workplace, unitedly, so that no woman enters a workplace in fear and no workplace bears the stains of silence on them.
Let us make every workplace a safe space where dignity is served and not fought for.
POSHitive Outlook
POSHitive, a mini-blog by Safe Spaces Inc., aims to simplify POSH compliance into easily digestible pieces.
Remember, creating Safe Spaces at work is not just a legal obligation but an ethical commitment to contribute to a positive and thriving work environment.
Join us on our journey towards building workplaces where everyone feels secure, respected, and empowered. After all, Safe Spaces are the foundation of a POSHitive future!
For further support on POSH Compliance, POSH Trainings, or Diversity, Equity, Inclusion, and Belonging (DEIB) training, visit Safe Spaces Inc. or contact us at support@safespacesinc.in
PS: This blog is for informational purposes only and should not be considered legal advice. If you have experienced sexual harassment, please seek professional help or contact the relevant authorities.
