End Atrocities Towards
Women Healthcare Workers In India
Constitute Vishakha Committees Against Sexual Harassment in All Healthcare Institutions
To,
The Hon’ble Health Minister
Ministry of Health and Family Welfare
Government of India
Subject: Seeking justice in sexual harassment cases involving women healthcare workers, and institution of Vishakha Committees in all healthcare institutions all over the country.
Respected Sir,
In last many years, the contribution of nursing population in India has increased to a level which is positive and which can make transformational changes in the health care map of the country. Indian nurses serve the whole world with their compassion and service mind. The nursing sector in the country has taken a major role in elevation of health care standards in public and private sectors. In a macro level nurses belong to the major chunk, yet the contributions of other healthcare workers and paramedics are not far less.
However, the attitude of the governments and hospital administrations in the country has seen no major change in recent years. Most of the times, nurses and other female healthcare workers have to face many atrocities from the part of hospital administration in terms of exploitation or harassment. The individuals who report such cases are threatened and even backfired and terminated. This irony results in loss of integrity, emotional break down and suicides. The healthcare institutions have even failed to comply with the Vishakha guidelines issued by the Supreme Court in 1997, mandating that committees against sexual harassment be constituted (with the requisite composition) in all workplaces. As a result women in the nursing profession as well as other healthcare staff who have made complaints, are being victimized instead.
Health care system is ideally based on team work, but in India it is dominated by physician, clinicians at all levels. In primary level majority of the health workers are female groups such as ASHA, ANMs etc where as the authorities are mostly men who are insensitive to listen their problem. Their role in planning activities at all the levels is very minimal or zero, thereby a power misuse is happening in most of the health care sectors.
We may understand the actual picture of the problems faced by nurses through the following cases/instances:
1. Of late we have witnessed increasing instances of sexual harassment at the workplace cases in Kashmir, Bihar and other states in healthcare institutions. In these cases, we have also witnessed blatant violations of the rule of law, flouting of legal procedures, denial of justice and character assassination of complainants with intent to subvert justice.
2. A glaring example of this is the case of a nurse employed in J&K Health Department who complained of serial harassment over years by several health department officials. Under media pressure, an illegally constituted one-man committee called the complainant for “investigation” but the nurse/complainant’s statements were not recorded.
The one-man committee was in complete violation of the existing Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act. According to this Act’s section 2(o)(i) and (iii), all departments/undertakings/establishments/offices controlled/owned/financed by appropriate government hospitals, as well as hospitals and nursing homes constitute workplaces that should have dedicated internal complaints committees to inquire into complaints of sexual harassment.
Shamefully, the J&K Health Department had no such committee in place – a practice which exits across the health sector of this country. Again, in this recent J&K case we see how in complete violation of section 4(2) of the Act, the state’s Health Department constituted a committee which was neither headed by a senior woman employee, nor had any representation from the nursing staff and a non-governmental organization.
Not surprisingly, when the illegal, one-man committee gave a “clean chit” to the Director, the J&K Health Minister, Mr. Taj Mohiuddin said, on record, that, from day one he knew that the Director Health was innocent. This statement is nothing but a blatant admission of bias. Furthermore, on the 18th of June, 2014 when the so-called “enquiry” was still underway, the accused Director who had been an Assistant Director till then was promoted to the post of Deputy Director; (he continued to hold the post of 'Incharge Director', as earlier). Interestingly, the person who issued the order is none other than the person who headed the one-man enquiry committee! Under such circumstances, can it really be said we find it difficult to believe that the departmental enquiry was fair, and take strong objection to the fact that to top it all, there is a case of perjury (Sec 182 RPC) has been filed against the complainant. The same J&K police which authorities who displayed such extraordinary reluctance in giving her case fair treatment are now displaying extraordinary zeal in prosecuting her for having made a complaint!
We point out this recent case to highlight the dismal situation of redressal mechanisms for female healthcare workers facing discrimination and violence in their workplace. We believe that if a government department is blatantly violating given procedures of fair and just enquiry, then healthcare workers and the large community of working women can expect worse from private sector employers.
3. Another glaring case is that of an Associate Professor of Nursing at the IGIMS, Patna, Ms Rupashree Dasgupta, who filed a case of sexual harassment against the Director and subsequently, has been subjected to false complaints, deprived of her job, and is now in a near-suicidal condition due to the denial of justice. The Director did not step down from his post, neither has he been arrested. No impartial Vishakha Committee existed and so no impartial probe took place – instead a probe ordered by the state government gave the Director a clean chit. On the false plea that the woman’s appointment was illegal, she has been thrown out of her job: in fact, she is suffering the consequences of having raised her voice against sexual harassment. She is being forced to fight a whole range of court cases, and she continues to be subjected to severe harassment, stalking, and violence.
4. We seek immediate intervention by you in the above two cases to ensure that
4.1 Sexual violence against nurse in J&K Health Department
A committee under Vishakha guidelines should be constituted. A fresh, High Court monitored probe should be initiated in the J&K Health Dept case. Workplace anti sexual harassment committees should be constituted by all workplaces in J&K and the State Women’s Commission should overlook the formation of the same within a reasonable time frame. The suspension of the accused is mandatory and a fair enquiry into all the related issues. The Union Ministry for Health must ensure compliance with sexual harassment at workplace act to check harassment of women at workplaces.
4.2 In the Bihar IGIMS case, we appeal to you to intervene to seek a CBI enquiry into the case of harassment and violence against Ms Rupashree Dasgupta.
We also seek your intervention to ensure that Ms Dasgupta is reinstated in her post. Her appointment had been cancelled by the accused, the then Director, Dr Arun Kumar, although he had no authority to do so, since the Board of Governors that had the authority, had not approved the dismissal.
We also seek that the accused Arun Kumar be suspended and arrested without delay. Since Ms Dasgupta is yet to get a termination letter, we seek that she continue to receive her salary until the court cases are all resolved.
5. We also wish to highlight the issues of the nursing community that have been thrown up once again following the recent crisis situation in Iraq. The Iraq issue has shed light on the several existing problems. For one, it has shown how, due to lack of a support system and proper employment opportunities in our country, many nurses are forced to seek their living in even war and riot-affected countries. They make ends meet through all the hardships, as they are often the main breadwinners of their family, and belong mostly to weak economic backgrounds. The end of such hardships is, many dedicated nurses leaving the profession and moving to other sectors. The number of nurses appears for UPSC exams itself shows that nursing sector in the country needs empowerment from top to bottom. These conditions make the nurses or other female health workers have, in fact, made them more susceptible to violence as they do not have enough power or resources to raise their voice do so. Thus, the end result of such hardships is that many dedicated nurses are leaving the profession and moving to other sectors.
THE DEMANDS OF THE PROFESSIONAL NURSES IN THE COUNTRY ARE-
1. An active and democratic committee constituted according to Vishakha Guidelines in every healthcare institution, to prevent workplace harassment and the probe complaints of the same.
2. Well defined work profile and job descriptions for every health care worker at all level.
3. Nursing empowerment with particular consideration on participation of nursing representatives in every hierarchy of administration.
4. Appropriate grievance redressal mechanism in every health care set up from primary to tertiary levels.
5. Need to form Nursing practice act as per the current healthcare needs and set up.
6. Employee safety standard guidelines implementation to all health care sectors in the country.
7. An active and democratic panel or committee to monitor the nursing manpower in the country regardless of the presence of existing nursing bodies.
8. Nursing Directorate for every state and centre as the country has 1600 nursing education institutions.
9. Creation of more employment opportunities for healthcare workers across the board.
10. Abolition of contractual employment and the introduction of permanent employment opportunities in order to reduce the vulnerability of this otherwise large workforce of women.
Sincerely,
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