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Lessons for Sri Lankans from Indian Supreme Court

Published On: August 24, 2024 07:32 AM NPT By: Republica  | @RepublicaNepal


The horrific rape and murder of a postgraduate doctor at Kolkata’s RG Kar Medical College has not only shaken the conscience of India but, has also sparked discussions in Sri Lanka, both in mainstream and social media. 

The Indian Supreme Court, recognising the gravity of the crime, heard a suo motu case yesterday (20), led by a Bench headed by Chief Justice of India, DY Chandrachud. The Supreme Court pointed out lapses by the authorities and highlighted the critical need to prioritise the safety and dignity of medical professionals.

As Sri Lanka too, grapples with its own challenges in ensuring the safety of its citizens, especially women, this case, especially the remarks made by the CJI-led Bench, offers valuable lessons that we must learn. 

The Supreme Court also sternly rebuked the conduct of the West Bengal Government’s handling of the case, particularly the delay in filing the FIR and the mishandling of the crime scene, reflecting a failure of the system to protect those who serve the nation in critical capacities. The Court clearly said that the safety of the medical professionals is not a mere matter, but a national concern.  Medical professionals, who dedicate their lives to healing others, must be shielded from the horrors of violence and gender-based crimes. 

Not only doctors but, many Sri Lankan women face workplace harassment, with their stories often going unheard. Even when a woman decides to fight back, she is frequently pressured to remain silent. In many cases, the process of seeking justice, both within organisations and through the judicial system, is lengthy and discouraging for victims, making it difficult for them to pursue justice.

The Court’s directive to remove the victim’s identity from media platforms underscores the importance of respecting the privacy and dignity of victims — principles that are often disregarded in the pursuit of sensationalism. This is a crucial lesson for many Sri Lankans, including the media. In the wake of a crime, numerous media outlets and individuals rush to share sensitive and private details about victims, prioritising social media likes and reach over the victims’ dignity. For some, the dignity of the victims takes a backseat to their quest for higher ratings and online engagement.

In Sri Lanka, the issues of gender-based violence and the safety of professionals in workplaces are areas of concern that require immediate and decisive action. 

Sexual harassment in the workplace is inadequately addressed by Sri Lanka’s existing labour laws. While some statutes touch on the issue indirectly, the number of cases continues to rise. The matter can be pursued through either criminal or civil law. Under Section 345 of the Penal Code (Amendment) Act No. 22 of 1995, sexual harassment is defined as actions or words from a person in authority. Victims must report such cases to the Police, leading to potentially lengthy Court proceedings with a high burden of proof.

Therefore, it is imperative that Sri Lanka strengthens its legal framework to protect not only medical professionals but, all workers, ensuring that workplaces are sanctuaries of safety and respect, rather than sites of fear.

Furthermore, the Indian Supreme Court’s move to form a task force dedicated to safeguarding medical professionals is a step Sri Lanka should consider emulating. A specialised body focused on the safety and wellbeing of healthcare workers could play a pivotal role in preventing such tragedies. Sri Lanka’s medical community has faced its own share of challenges and proactive measures are necessary to ensure their protection.

The case also brings to light the importance of timely and effective law enforcement. The delay in filing the FIR and the failure to maintain law and order at the crime scene are stark reminders that justice delayed is justice denied. Sri Lanka’s law enforcement agencies must be vigilant and swift in responding to crimes, particularly those involving vulnerable groups such as women and professionals in high-risk environments.

Ensuring the safety of women in workplaces is crucial as more women enter the labour force globally. As CJI DY Chandrachud emphasised during the proceedings, “If women cannot go to a place of work and be safe, then we are denying them the basic conditions of equality.”

Source: Ceylon Today (Sri Lanka)

 

 

 

 

 

 

 


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