#MeToo in Health Care: Revelations by patients poses question on seriousness of medical fraternity on the issue of sexual harassment in hospitals

Two women patients made serious revelations about rampant prevalence of sexual harassment in hospitals. They spoke out against sexual harassment they faced while undergoing treatment in a hospital. It is an abhorrent case where life saviours turned to be perpetrators of the crime.  While virtually all patients were in vulnerable positions, these women were especially so as they were alone or immobilised at the time of the alleged assault. 

According to the information shared by some medical professionals to Indian Express, there is not even a little recognition or discussion in the medical fraternity on the possibilities of patients facing sexual harassment in hospitals at the hands of hospital staff, including doctors. Worse, there is very little awareness in the fraternity on the institutional mechanisms to help patients recognise they are being violated. What’s more shocking is hospitals don’t have a sense of responsibility while patients in the process of receiving care and treatment, give up their privacy and bodily autonomy to the medical team. The vulnerability of the patients offers much scope for abuse and exploitation.

Incidents giving light to discrepancies

There are many instances of sexual harassment in hospitals. In the most recent incident of such a violation, reported last month, a lab technician was arrested for allegedly taking the hand of the woman, even as she was undergoing a surgical procedure in an operation theatre, and putting it into his pants. Shockingly, doctors and other staff in the operation theatre claimed they did not notice his actions. However, city police, after a detailed investigation, found prima facie cause to arrest the lab technician.

In the other incident, reported in September 2018, a young woman being treated in a high dependency ward said a male doctor attempted to molest her in the guise of carrying out an unnecessary physical check up when she was alone at the ward at night. While in the September 2018 case, the hospital did not acknowledge the woman’s complaints, in the other case, the woman alleged that the hospital management was indifferent to her complaint until she took the matter to the police.

Ignorance is no excuse

While medical fraternity turns a blind eye to such incidents, it forgets that there exists a legal principle which says ignorance of the law is no excuse. They don’t realize that they can be made liable for such incidents as it comes under sexual harassment at the workplace. 

According to legal experts and activists, however, they need not look too far for guidance as to the Prevention of Workplace Sexual Harassment Act, 2013 covers not just the staff, but even a visitor or anyone in a workplace. Hence, patients too would be covered under the law. Section 2 of the Act, in fact, defines an “aggrieved person” as anyone who alleges sexual harassment in relation to a workplace. This means that the Patient can come under the definition of an aggrieved person under section 2 of the act.

Lack of awareness leads to less reported complaints

There exists a lack of awareness among whole medical fraternity which leads to cases of medical negligence. Patients lack the knowledge about the existence of complaint mechanism whereas medical professionals seem to be unaware of institutions needed to cater to the needs and grievance of the patients.

“When women patients come, it is a dictum that male doctors should have another woman attender in the room,” Dr. C S Rex Sargunam, former director of Institute of Child Health and Hospital for Children, observed. But what about other situations? Health professionals Express spoke to said most such cases went unreported.

“It’s a thin line between consulting and misbehaving. Most of the patients, especially in rural areas, are unaware of this,” said a resident medical officer of a government hospital in the state. 

Everyone agrees that the responsibility lies with the hospital but almost none in the medical fraternity, including top health department officials, seem aware of the institutional mechanisms that must be put in place.

Importance of Internal Complaint committees 

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandated constitution of Internal Complaints Committee (ICC) for receiving complaints of sexual harassment of women in all Ministries/Departments of Union as well as State Governments and in the private sector too. To address the scrouge of sexual harassment in hospitals it is imperative to have an ICC in every hospital.