Over the last few years, India has witnessed a stark rise in the number of cases of sexual harassment and assault particularly affecting children and young adults. This increase in cases reported under the Protection of Children from Sexual Offences Act (POCSO) has highlighted the urgent need for robust mechanisms to ensure safety in Higher Education Institutions (HEI) spaces as well.
While the focus of POCSO is on minors, employees in higher education also face a significant risk of sexual harassment. In response to this, the University Grants Commission (UGC) has laid down stringent regulations aimed at ensuring the safety and dignity of women in HEIs.
These regulations, known as the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, align with the PoSH Act of 2013. They serve as a framework for preventing and addressing sexual harassment across educational institutions in India.
So, what are these regulations?
Establishing the Internal Committee (IC)
One of the regulations is the establishment of an Internal Committee (IC) in every HEI. The IC serves as the primary body responsible for addressing complaints of sexual harassment. It should be composed of both internal and external members, with a mandatory representation of women. The IC will have to ensure that complaints are handled impartially and with confidentiality .
The committee must include:
- A Presiding Officer, typically a senior woman faculty member.
- At least two other staff members (teaching or non-teaching).
- One External Member, familiar with sexual harassment issues, who is not part of the institution.
- At least 50% of the members must be women to ensure gender sensitivity in handling of cases.
- Persons from the Senior Administrative positions should not be a part of the IC to ensure autonomous and impartial functioning of it.
Defining sexual harassment
The UGC defines sexual harassment in broad terms to include a range of behaviors that may be verbal, non-verbal, or physical in nature.
These include:
- Unwelcome physical advances.
- Requests or demands for sexual favours.
- Sexually coloured remarks.
- Showing explicit or pornographic material.
- Any other unwelcome sexual conduct.
Creating awareness and sensitization
To foster an environment that discourages harassment, HEIs are required to conduct regular awareness and sensitization programs for students and staff. These programs focus on informing individuals about their rights, the functioning of the IC and the procedures for filing complaints.Â
Institutions must also display clear information about the IC, including its composition and contact details, in prominent locations on campus as well as on online platforms. This transparency is crucial in making students and employees aware of their options for seeking redressal in case of harassment.
Seeking redressal
The process for filing complaints should be simple. A complaint must be submitted to the IC in writing within three months of the incident. The complainant can bring along a trusted person for support if needed. The IC is obligated to complete its inquiry and deliver its findings within 90 days.
If the allegations are proven, institutions are required to take swift action against the guilty party. These actions can range from formal warnings to suspension or even termination of the accused, depending on the severity of the misconduct. On the other hand, if proven that the complaint made is false in nature, suitable disciplinary action will be taken against the complainant.
Ensuring confidentiality and protection
A key aspect of the UGC regulations is the emphasis on confidentiality. The identity of the complainant, respondent, and witnesses, along with the details of the inquiry, must be kept confidential. This ensures that victims feel safe coming forward, without fear of any public scrutiny or retaliation. At the same time, it is an institution’s responsibility to take measures in preventing any form of retaliation against the complainant, either during or after the inquiry process.
Providing support for complainants
The regulations require HEIs to provide additional support to complainants, including access to counselling services. This ensures that victims have not only legal recourse but also emotional and psychological support, which is essential in helping them navigate the aftermath of harassment.
Laying down appropriate reporting and documentation mechanisms
HEIs must maintain transparency by submitting an Annual Report to the UGC, detailing the number of complaints received, the actions taken, and the outcomes. This report must also be included in the institution’s internal database, further promoting accountability and ensuring that the institution is taking proactive steps to create a harassment-free environment.
Making women’s helpline numbers accessible for all
The UGC mandates that women’s helpline numbers, such as the National Women’s Helpline (181), be prominently displayed across campus. These helplines offer 24/7 support to women in distress, providing counselling, legal aid, and immediate assistance.
Displaying these helpline numbers in visible areas—such as common rooms, hostels, and academic buildings ensures that help is easily accessible to women at all times.
Additionally, a women development cell can also be established to help disseminate anti-harassment policies all across the campus.Â
Providing appropriate infrastructure on campus
Inclusive infrastructure is essential in ensuring safety within campuses. This includes ensuring sufficient lighting, infrastructure and maintenance is in place and regularly updated. Well trained security personnel must also be present on the campus to safeguard and protect the employees and the students of these HEIs. Residential HEIs are expected to ensure that the women hostels provide a modicum of support against all kinds of harassment. HEIs also need to assure students and staff of adequate health facilities including the availability of a gynaecologist when required.
It is imperative for HEIs to not only comply with these regulations but also take proactive steps to foster an inclusive culture where every student and employee feels safe and respected. Through continuous efforts, the goal should be to reduce harassment incidents and ensure that everyone on campus has the resources and support they need to thrive without fear!
At Serein, we train HEIs on the PoSH and POCSO laws to enable them create a safe and inclusive learning atmosphere. To know more on how you can begin implementing this, write to us at hello@serein.in.