Can’t tell women not to work at night: SC to West Bengal

The Supreme Court on Tuesday told the West Bengal Government that it can’t prevent women doctors from working night shifts or beyond a 12-hour shift.

After senior counsel Kapil Sibal, representing the West Bengal Government, said the state government had, as part of security measures, notified that night duty may be avoided for women doctors, a Bench led by CJI DY Chandrachud expressed surprise over the move.

“How can you say women cannot work at night? Why limit the women doctors? They don’t want a concession.... women are ready to work at exactly the same time shift… They must work in all conditions,” said the Bench, which also included Justice JB Pardiwala and Justice Manoj Misra. “Mr Sibal, you have to look at it. The answer to it is that you must give security. West Bengal should correct the notification, your duty is to provide security, you cannot say that women (doctors) can’t work at night or beyond a 12-hour shift… Pilots, the armed forces, etc. all work at night, which includes women,” it said. Solicitor General Tushar Mehta said the Centre could provide security for women doctors if the state government wasn’t willing to provide it.

“We cannot tell any woman today in our country, who is in the workforce, that you will not work at night,” the CJI said.