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

Workplace safety must be a core concern if we are to increase women's participation in the country’s labor force.

By Jyotika Kalra 

The latest Periodic Labour Force Survey (PLFS), published by the Ministry of Statistics and Programme Implementation (MoSPI), reveals a stark figure: only 20.3 percent of urban women of all age groups were part of the country's workforce between January and March 2024, compared to 58 percent of urban men. Various factors contribute to the reduced presence of women in the workforce, with unsafe work environments being the most significant. In 2022 alone, there were more than 31,000 reported rapes in India, according to the National Crime Records Bureau (NCRB), which translates to 84.9 rapes every day. While all instances of rape are grave, only some provoke public outrage or widespread condemnation, while the majority remain obscured.

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

Recently, the rape and murder case at Kolkata’s RG Kar Medical College Hospital has shocked the nation. Although it was a case of rape, it also falls under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013. Workplace safety must be a core concern if we are to increase women's participation in the country’s labour force.

The Honourable Supreme Court, in Vishaka v. State of Rajasthan, emphasized that rape is an offence specifically targeting women and a deprivation of their fundamental rights to equality, dignity, and the freedom to pursue any occupation. It stated, “The primary responsibility for ensuring such safety and dignity through suitable legislation and the creation of a mechanism for its enforcement is that of the legislature and the executive.” In the Kolkata incident, the hospital authorities had a legal obligation to ensure the safety of women, especially those working late night shifts, which they failed to uphold. While it would be naive to assume this would have prevented the incident, such measures could have created a deterrent for the perpetrator. Precautions have the potential to significantly minimize risks. In this case, the tragedy might have been avoided with awareness of the PoSH law, identification of vulnerable areas, and focused security measures for female doctors by engaging additional security staff and allocating funds to address 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 was despite obvious signs of foul play, such as inconspicuous injuries and blood marks. It appeared the hospital attempted to cover up the crime to avoid the stigma of rape in the workplace. It was only after the girl's parents 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 recognize that many protesting the Kolkata rape and murder are the same individuals who, in their daily lives, often argue that the PoSH law is misused by women for personal gain. The PoSH law mandates awareness programs for workers, employees, staff, and management regarding the safety and security of women at the workplace. These programs should involve women employees, who can provide valuable insights into challenges such as poorly lit areas, unsafe restrooms, and the need for secure resting places. Awareness programs will sensitize both male and female staff to PoSH laws and educate male staff about the severe penal consequences of committing sexual harassment. Ultimately, it is the state's responsibility to ensure employers comply with the PoSH Act, including conducting regular awareness programs.

Creating a safe and secure workplace requires consistent and continuous efforts, supported by independent oversight. Both government and private sector workplaces must comply. 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.

Ensuring safe working spaces should not be treated as a political agenda; women's safety is a widespread societal issue affecting nearly every household in every state. Governments should prioritize it with the same seriousness as revenue collection, with regular follow-ups. After the Nirbhaya case, laws were amended to include the death penalty under the POCSO Act, making the law more stringent. However, stringent penal laws alone cannot provide a complete solution. The key is for employers to follow the PoSH law mandates, 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, the already low number of women in the workforce will further decline, with many returning to their home states and leaving work opportunities in cosmopolitan cities. If any government is truly committed to development, it must prioritize women's safety without compromise.

Author's Note: As an Advocate on Record for the Supreme Court of India and a Former Member of the National Human Rights Commission (NHRC), I have attempted to present a critical analysis of the declining participation of women in India’s workforce in the context of the recent heartbreaking rape and murder incident in Kolkata. In this article, I provide comprehensive insights into the urgent need for strengthened workplace safety measures and more stringent enforcement of the PoSH Act to ensure that women in this country can contribute to India's development without fear.

(The author is an Advocate on Record, Supreme Court of India and a former Member National Human Rights Commission.)

Views are personal and do not represent the stand of this publication.