Answer By law4u team
Sexual harassment in higher education is a serious violation of individual dignity and educational rights. In India, the law provides robust protections to prevent and address such misconduct in colleges and universities through both national legislation and institutional regulations.
Steps to Take and Protections Available
POSH Act, 2013: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act applies to all educational institutions. It mandates the formation of an Internal Complaints Committee (ICC) in every university or college.
UGC Regulations, 2015: The UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 require all institutions to:
- Form an ICC with external and student members.
- Display anti-sexual harassment policies prominently.
- Conduct awareness and sensitization programs regularly.
Filing a Complaint: Victims can file a written complaint with the ICC within 3 months of the incident. ICC must complete its inquiry within 90 days.
Confidentiality: The identity of the complainant and the accused is kept confidential throughout the process.
Protection from Retaliation: Victims are protected from victimization or retaliation during and after the proceedings.
Legal Option: In addition to the institutional process, the victim may file a criminal complaint under IPC Sections 354A, 354D, or 509 depending on the nature of the offense.
Legal Actions and Remedies
Approach the University ICC: This is the first and mandatory step under the POSH and UGC framework.
Lodge FIR: If the offense is severe, victims can directly go to the police station and register an FIR under applicable IPC sections.
Appeal to Higher Authorities: If dissatisfied with ICC findings, the complainant can appeal to the university’s appellate authority or even to a civil court or High Court.
UGC Grievance Portal: Complaints against inaction by institutions can be made to the UGC’s online grievance redressal portal.
Human Rights Commission: In case of gross negligence by the institution, a complaint can also be filed with the State or National Human Rights Commission.
Example
A female student at a government university faces repeated inappropriate comments from a professor. She files a complaint with the university’s Internal Complaints Committee (ICC).
The ICC investigates the matter, and based on evidence, the professor is suspended and disciplinary action is initiated.
If the ICC had failed to act, the student could:
- Appeal to the UGC and Human Rights Commission.
- File a police complaint under IPC Section 509 for outraging the modesty of a woman.
- Seek intervention through the High Court for inaction under writ jurisdiction.
