NO Bail to KEM Hospital Professor Accused of Sexual Harassment by 6 Doctors

Mumbai: The Bombay High Court recently denied granting anticipatory bail to a senior doctor at Mumbai's civic-run KEM Hospital, who was accused of molesting six junior women doctors. While rejecting the pre-arrest bail plea, the HC bench comprising Justice Rajesh Patil underscored the need to consider the "emotional and psychological trauma" inflicted on the medicos.

Medical Dialogues had earlier reported that six women doctors had accused the senior doctor at the BMC-run KEM Hospital in Parel of sexual harassment. Consequently, the doctor had been booked under Bharatiya Nyaya Sanhita (BNS) sections 74 (acts of unwelcome physical contact, advances, or sexually coloured remarks), 75 (use of criminal force with intent to outrage modesty), and 79 (protection from actions intended to insult modesty).

Allegedly, the accused doctor, who is an additional professor in the Forensic Medicine Department at KEM Hospital, had inappropriately touched the women and made offensive comments. The complainants, working as assistant professors, reportedly refrained from filing complaints earlier due to the fear of career repercussions and trauma.

Also Read: KEM Hospital Professor Accused of Sexual Harassment by 6 Doctors, Suspended

Earlier, taking action against the accused doctor, the hospital had barred him from attending work or taking up any work linked to his profession privately. Reportedly, a similar complaint was made against the doctor back in 2021. However, since the complainant had moved abroad, the case could not be pursued.

After the doctor approached the Sessions Court seeking a pre-arrest bail, recently, a bench of Additional Sessions Judge Gauri Kawdikar denied granting the bail to the doctor citing concerns that he could influence the victims and hinder the probe into allegations of sexual harassment.

As per the allegations, the doctor would pull female doctors, staff and students towards him for taking selfies and touch them inappropriately. Additional Public Prosecutor Jyoti Sawant had informed the Sessions Court that the applicant had taken photos of the victims on his mobile phone, which are yet to be recovered from him.

The doctor and his wife pressurised the main complainant and other victims to withdraw the complaint and they have produced screenshots of their phones to back their allegations, the prosecution had argued.

After the Sessions Court denied granting the bail, the doctor moved to the HC bench. As per the latest report by Lawtrend, the doctor claimed in his plea that the complaint was motivated by personal grudges and internal hospital politics. While considering the matter, the HC bench comprising Justice Rajesh Patil observed that the doctor had misused his influential position for a long time. The Court also expressed concerns that granting pre-arrest bail could result in the accused doctor seeking revenge against the complainants or repeating his alleged misconduct.

"Eventually, one has to consider the emotional and psychological harm caused to the victims who are pursuing their medical courses. Considering the safety of women in a workplace like a hospital and the moral and legal duty to protect women’s dignity, the present pre-arrest bail application requires to be rejected," observed the Court.

It also noted that the gravity of the situation and highlighted that the accused doctor was a member of the hospital's internal committee under the Prevention of Sexual Harassment of Women at Workplace (Protection, Prohibition and Redressal) Act.

"The allegations are against a doctor who is a member of the POSH committee, and the complaint involves not one but six women," observed the Court, further noting that this is not the first complaint against the doctor, recalling that a similar allegation was made by another woman doctor in 2021.

The Court further noted that the accused doctor has been suspended and not terminated and observed, "If he succeeds in the proceedings against his suspension, there is a likelihood he will return to the hospital and resume duty."

Also Read: KEM Hospital Professor denied anticipatory bail in sexual harassment case