By Anuradha Gandhi and Rachita Thakur
Introduction
Sexual Harassment is all pervasive and extremely widespread at educational institutions. In the wake of protecting all women, whether faculty member, students or staff, at university campuses and ensuring adequate measures and awareness, the University Grants Commission (hereinafter referred to as the (“UGC”) has pioneered for properly sensitized campuses in the country. UGC has also developed ‘Guidelines on basic facilities and amenities for safe, secure environment for Women and Women Cell (for sensitization, policy implementation, monitoring and grievance redressal) in Higher Educational Institutions (hereinafter referred to as the “HEIs”) in July 2023. These Guidelines embody two domains namely, Infrastructural facilities and amenities for women and constitution of Women Cells in university campuses.[1]
UGC’s Mandate
UGC has also mandated the HEIs to have Internal Committees under Section 4 of the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the “POSH Act”). Advisories have been issued from time to time for taking action in order to sensitise the campuses in order to improve safety conditions for all women, including students and employees.
In a bid to ensure safe and secure environment, the UGC has issued an advisory on April 30, 2024 (hereinafter referred to as the “Advisory”) directing all the Higher Educational Institutes (hereinafter referred to as the HEIs) to submit the compliance reports for the academic year 2023-2024 regarding the POSH Act and the University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutes Regulations, 2015 (hereinafter referred to as the “UGC Regulations”).[2]
What does the Advisory say?
The Advisory was issued directing all the HEIs to take the following actions:
- To constitute the Internal Complaints Committee and a Special/ Women’s Cell in institutions under their administrative control to deal with gender-based violence and conduct gender sensitization programs
- To display banners and posters at conspicuous places in the buildings to create awareness among employees
- To display contact details of the members of the Internal Complaints Committee on notice boards of the Institutions
- To place billboard showing penal consequences of sexual harassment. A toll-free number and committed phone numbers should be provided on the billboard
- To display Women’s Helpline Number 181 and Emergency Response Support Number 112 for ease of access in time of distress
- Along with the aforementioned directions, the Advisory also directed the HEIs to upload the UGC Regulations and details regarding the constitution of the Internal Complaints Committee on their respective portals
- To organize training programme aimed at raising awareness about sexual harassment for the employees of the institutions.
Compliance on SAKSHAM PORTAL
The UGC has developed the SAKSHAM Portal as an initiative to empower women on campuses, which includes Women Students, women faculty and women staff members, through creating awareness on:
- Opportunities and initiatives in HEI for women
- Support and Redressal mechanism for students and employees of HEIs
- Web resources in the form of Government and United Nations policy documents for women
The Portal provides a consolidated information of all women related initiatives and provided a platform for registering complaints related to violence and harassment against women in HEIs.[3]
Observations – Addressing the concerns
On perusal of data set made available on the number of cases of sexual harassment reported within the Universities (April 01, 2022-March 31, 2023) on the Saksham Portal, it can be observed that a total of 378 complaints were received by 238 universities and 377 were disposed off, while there is only 1 case pending for more than 90 days.[4] As per the data, most of the universities reporting no cases of sexual harassment is either suggestive of skewed awareness or lack of proper reporting mechanisms. It can thus be inferred that with more than 900 sexual harassment awareness workshops conducted in 238 HEIs, there is still need and scope for more sensitization sessions to be organized on campuses.
Initiating conversations and discussions around sexual harassment, consent and appropriate behaviors would help break the taboo associated with sexual harassment. That can be done when universities and HEIs actively conduct frequent POSH Sensitisation Sessions and Workshops.
Ahana Bag, Junior Associate at S.S. Rana & Co. has assisted in the research of this Article.
[1] https://www.ugc.gov.in/pdfnews/6110248_CURRICULUM-FRAMEWORK-ENVIRONMENT-FOR-WOMEN-WOMEN-CELL.pdf
[2] https://www.ugc.gov.in/pdfnews/3002996_Sexual-Haressment-English-Advisory.pdf
[3] https://saksham.ugc.ac.in/Grievanceredressal
[4] https://www.ugc.gov.in/pdfnews/8883133_Data-of-Sexual-harassment-in-Universities.pdf