"Women don't want concession...": Supreme Court Slams West Bengal’s No Night Shift for Women Doctors Directive

The Supreme Court on Tuesday expressed its disapproval over a notification issued by the West Bengal Government that recommended female doctors avoid night shifts. This directive was introduced for the "safety of women doctors" following the rape and murder of a trainee doctor at RG Kar Medical College Hospital in Kolkata. During a suo motu hearing on the RG Kar Hospital case, the bench, led by Chief Justice of India DY Chandrachud, reviewed the state’s notification. CJI Chandrachud expressed concern over the implication that women should be restricted from working at night.

“How can you say women cannot work at night?” CJI Chandrachud questioned. “Why limit the women doctors? They don’t want a concession, women want equal rights...Women are ready to work at exactly the same time shift," said the CJI.

He further addressed Senior Advocate Kapil Sibal, who was representing the State of West Bengal. “Mr. Sibal, you have to look at it. The answer to it is that you must provide security. West Bengal should correct the notification; your duty is to provide security, you cannot say that women (doctors) cannot work at night! Pilots, the army, etc., all work at night,” CJI Chandrachud said.

CJI Chandrachud cited the Supreme Court's 2009 ruling in the Anuj Garg case, which invalidated a Punjab Government rule that restricted women from working in liquor stores. “Under the guise of protection, restrictions can’t be placed on women’s freedoms,” he noted.

Regarding the notification’s limit on women doctors’ duty hours to 12 hours, the Chief Justice emphasized that duty hours should be fair and consistent for all doctors. He stated it would be inappropriate to impose such limitations specifically on women doctors.

In response, Senior Advocate Kapil Sibal noted that it was a temporary measure brought in place in the aftermath of the rape and murder at RG Kar, to ensure a safe working space for women. "We are going to reword it, we will delete it but say that preferably they should not be extended till late night," noted Kapil Sibal. He agreed that the State would revise the August 19 notification to remove the clauses limiting the duty hours for women doctors and suggesting avoidance of night shifts.​