Implementing PoSH in Higher Education Institutions in India

On 17th July 2022, a second-year UG student of a Kolkata-based premier institution in India lodged a complaint to the institution’s ICC against the erstwhile head of the Department of English. With enough ensuing mudslinging on social media platforms, including from the educators toward the student, the area turns from grey to a much darker shade of shame. In such situations, how can implementing PoSH in higher education institutions be taken forward?

Post anonymously writing a post on Facebook, the harassment in the post’s comment thread ranged from sexist to casteist attacks against the student as well as prolonged casteist attacks directed towards the educator. Despite existing, why has PoSH turned into a system devoid of hope, leading to an avoidance of lodging complaints to the ICC?

POSH and the UGC

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is deemed fundamental for the protection of female employees against workplace sexual harassment. While including formal and informal workspaces, it is important to note that educational institutions play a big role here, and the law is not simply restricted to the corporate space in the formal sphere

Similarly, we have the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015, a federal law that prohibits sexual harassment of women employees and students in higher education institutions.

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What the Law Mandates

The UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015 attempts to bring about a change in all universities, colleges and deemed to be universities, mandating them to follow a set of guidelines to ensure that the campuses are free of sexual harassment.

Gender-neutral stand

The term ‘students’ ensures that the law protects each individual enrolled in a particular higher education institution, irrespective of their gender, hence avoiding gender bias

Constitution of ICC

Every higher education institute is mandated to constitute an Internal Complaints Committee to redress sexual harassment complaints. In the presence of a committee pre-existing with such an objective, it must be renamed the ICC, and follow UGC-mandated norms.

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