Abhishek Chaurasia, BBA LLB, Indore Institute of Law, Indore, Madhya Pradesh
ABSTRACT
Sexual harassment in institutions of learning seriously hurts both the safety and dignity as well as the academic success of students and employees alike. Further to this, India has put in legislation, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013- popularly known as the POSH Act-and the University Grants Commission Regulations, 2015, that make it incumbent upon institutions to constitute Internal Complaints Committees and adhere to due process with respect to complaints of harassment.
The translation into real-life mechanisms is, however, disturbingly unequal. This paper attempts to discuss the prevalent legal frameworks designed to deal with institutional sexual harassment in Indian educational spaces while highlighting the problems confronted in the practical application of the same. It talks about prevalent defaulters, non-establishment of functional ICCs, general awareness amongst students and staff, and handling of complaints by the educational authorities. It also considers the judicial contributions to policy framing and safeguarding the victims' rights through case studies, such as Vishaka versus State of Rajasthan, 1997, and Medha Kotwal Lele versus the Union of India, 2013.
It further looks into the institutional accountability gaps, underlining shallow government oversight and fear of retaliation among complainants. Based on these, it goes ahead to conclude by recommending that such enforcement be strengthened through more severe penalties, higher levels of monitoring, and most importantly, raised awareness that will guarantee a safer and more inclusive school environment.
Comments