RIGHTS OF NURSES AGAINST THE DEROGATORY BEHAVIOR OF PATIENTS

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This article has been written by Kashish Goyal, a student of Mody University of Science and Technology, Rajasthan.

The Ghaziabad incident took place at MMG district hospital which is one of the fifth centers for those who attended the event at Nizamuddin a place in Delhi between 1st march to 15th march. It was also identified that after attending the event many people were quarantined in different places of the country. It became the hotspot of the Corona Virus. Recently, FIR was filed against the six members of Tablighi Jammat who created problems and misbehaved with the women staff of the hospital, which shows that humanity has lost its existence. At midnight a complaint was filed by the group of nurses to Chief Medical Superintendent (CMS) that the members of Tablighi Jammat were misbehaving with the staff. They were roaming semi-naked before the women staff and at times they stroll nude. They refused to take medicines and also they did not maintain social distancing which is likely to be the only treatment to fight COVID- 19. The members of Tablighi Jammat caused a nuisance by singing obscene songs, making gestures that are vulgar and harmful to the dignity of women. It seems that they wanted to create an atmosphere of fear. With the help of cops, they were placed in a room; otherwise, they were out of control. While complaining this to Senior Superintendent of Police, Commissioner Kalanidhi Nidhnani says that they were asking for cigarettes from the housekeeping staff and making vulgar signs which traumatized the nurses of the hospital. The aftermath of all the acts led the matter to the Delhi Government.

Delhi Health Secretary Padmini Singla wrote a letter to Delhi Police Commissioner that the members of Tablighi Jammat were not cooperating. The complaint was filed under the Section 269 of Indian Penal Code 1860,( which deals with whoever unlawfully or negligently deals with the act which he knows that it will likely to spread the disease that is dangerous to life shall be punished with the imprisonment extend to 6 months), Section 270(Whoever malignantly does any act which he knows that it will spread the infection of disease dangerous to life shall be punished with the imprisonment of 2 years with fine, Section 271( Whoever knowingly disobeys the rule promulgate by the government for putting into the state of quarantine or for regulating the intercourse between the places where an infection disease prevail shall be punished with the imprisonment of six months or with fine), Section 294(Whoever did any obscene act in any public place or sings any obscene song shall be punished with imprisonment of three months or with fine), Section 354( Whoever assaults to any women to outrage her modesty shall be punished with term not less than one year but may extend to five year). The acts which took place dealt with the Sexual Harassment of Women and the spread of disease. Later, when the complaint was filed, Uttar Pradesh Government stated that Female Health Staff and Women Police Officials will be no longer engaged in medical service in the Islamic group “Tablighi Jammat” only male officials will work for the Islamic group.

Sexual Harassment can be distinguished on two bases:- Firstly, Quid Pro Quo (When women are Sexually Harassed in exchange for work benefits) and Secondly the Hostile Working Environment (Which impose a duty on Employer to provide the women worker a positive environment). There are many cases where the woman is sexually harassed at the workplace: In 2008, Tanushree Dutta, a Bollywood actress was the first one who alleged the case of harassment on the movie set of “Horn OK Please”. The Actor Nana Patekar had indecently touched her on the set of a movie. In the context of the #MeToo Campaign where a woman name those men on twitter or any social media who sexually harass them. On 14 October 2018, The MJ Akbar, Union Minister of External Affairs, has been accused of harassment and sexual abuse at the workplace by the 11 journalists. He was alleged for calling the young female journalist to the hotel room and then harassing them by unwanted touch and gestures.

In Case, Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill,( 1996 AIR 309, 1995 SCC (6) 194) The Supreme Court said that this case has changed the meaning of modesty and privacy in such way that any kind of harassment done to women’s private or public life, it will also be considered as an offense.

In Vishaka & Others v.State of Rajasthan & Others,(1997) In this case, The Supreme Court laid down the following guidelines, these guidelines are significant because first-time sexual harassment is treated as a separate category of an act called “Sexual Harassment of Women at Workplace Act (Prevention. Prohibition, Redressal), 2013”. These guidelines are followed: It is the duty of every employer to deliver a sense of security to every woman employee. The organization should have a well set up complaint mechanism for the redressal of the complaints made by the victim. It is the duty of the organization to aware of the female employees about their rights by regularly informing them about the new legislation passed. The employer’s duty is to take reasonable steps to provide support to the victim if sexual harassment takes place due to the act of the third party. Issues relating to sexual harassment should be discussed positively in workers meetings.

In another case, Medha Kotwal Lele & Ors. V. Union of India & Ors,( (2013) 1 SCC 297) This case helped the Vishakha’s case to implement the above guidelines by issuing notices to all the states. Besides this, after few years of guidelines, legislation has drafted a bill named “The Protection of Women against sexual harassment at workplace, 2007 which emphasizes on harassment within the workplace, but the bill is still pending with the Ministry of Women. There is another relatable Act passed by the legislature “The Indecent Representation of Women Act, 1986 which dealt with if a person harasses someone by showing something which contains indecent representation of women then he will be liable for punishment of minimum 2 years of imprisonment. The Indian Penal Code holds Section 510 which also deals with the uttering words making gestures which outrage the women modesty.

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