Introduction: 

In light of the recent sexual harassment case at a higher educational institution, one of the key questions that arises is whether the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (‘Act’), applies to educational institutions. 

Section 2 includes in the definition of workplace –  

(ii) any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service;  

So, the definition of workplace includes educational institutions, which means any woman who is aggrieved by sexual harassment at an educational institution can raise a complaint under this Act.  

Applicable Guidelines: 

Apart from this, there are guidelines such as –  

1. University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations 2015 (‘UGC Regulations’); and  

2. All India Council for Technical Education (Gender Sensitization, Prevention and Prohibition of Sexual Harassment of Women Employees and Students and Redressal of Grievances in Technical Institutions) Regulations, 2016. (‘AICTE Regulations’) 

The UGC Regulations and AICTE Regulations are applicable not just to women employees but also to students of Higher Educational Institutions (HEI) and AICTE approved Technical Institutions (TI) irrespective of gender. Section 2(l) of the UGC Regulations and AICTE Regulations includes not just students pursuing a programme through regular mode but also the following –  

1. Students pursuing programme on distance mode or short term training programmes; 

2. Person in the process of taking admission in the HEI campus; 

3. Student who participates in activities in HEI or TI where they are not enrolled as student. 

The predominant duties of HEIs and Tis under both these regulations are as follows: 

1. Act decisively against all gender based violence while recognizing that women employees and students (including male students or students belonging to third gender) can be subjected to sexual harassment and exploitation.  

2. Include in the prospectus and display on notice boards in conspicuous places the consequences of sexual harassment.  

3. Inform employees and students of the recourse available to them and regularly orient and train Internal Committee (‘IC’) members on how to deal with complaints sensitively.  

4. Proactively curb all forms of harassment whether from dominant power, hierarchical relationship, intimate partner violence or from peers or elements outside of the geographical location of the HEI or TI.  

5. Treat sexual harassment as a misconduct under service rules for an employee or as violation of disciplinary rules leading to expulsion of student.  

Role of the institutions in case of sexual harassment involving parties in a consensual relationship: 

There is a significant likelihood that the IC in HEIs or TIs will receive complaints of sexual harassment involving individuals who are in intimate relationships. In such cases, a dilemma often arises regarding whether the IC should inquire into such complaints. 

 It is essential to understand that even within a consensual relationship, boundary violations—whether physical, emotional, or digital—can occur, leading to harassment, including sexual harassment. Therefore, the IC must recognize that once a complaint is filed by one of the parties, the relationship may no longer be consensual. 

In light of this, it is crucial for the IC, particularly in HEIs and TIs, to fulfill its responsibility under the UGC and AICTE Guidelines by proactively engaging with the complainant to understand their grievances and arrange for interim relief.  

After speaking with the complainant, if the IC determines that inquiring into the allegations would require probing into intimate details of the personal relationship, which may still be consensual, the IC can inform the complainant that it lacks the authority to pursue the matter. However, the IC should offer assistance to the complainant in filing a police complaint under the Domestic Violence Act, 2005, which addresses such instances.  

Conclusion: 

Students in HEIs and TIs are at an age that is both impressionable and vulnerable. Therefore, the institutions bear not only the responsibility of diligently addressing complaints of sexual harassment but also of taking proactive steps to prevent and mitigate all forms of gender-based violence. This includes addressing issues that may arise from teachers, or students involved in intimate relationships with one another.  

It is crucial to recognize that victims of sexual harassment by an intimate partner often endure repeated instances of harassment, mental torture, and gaslighting on a near-daily basis. This takes a significant toll on their mental health, affecting their daily activities and hindering their ability to independently assess their own safety. Therefore, it is essential for institutions to offer not only a means of addressing grievances but also support in managing their mental health.  

At Equilibrio Advisory, we have collaborated closely with numerous educational institutions over the years. Through our “PoSHequili” vertical, we have not only helped institutions address complaints of sexual harassment but also played a key role in spreading awareness among both staff and students. Our interactive and practical awareness programs actively engage participants, enabling them to gain applied knowledge and have meaningful conversations on the topic. 

Through our “Mental Health at Work” vertical, we offer mental health support to all parties involved. This vertical includes counselors, psychologists, psychotherapists, and social workers who provide tailored psychosocial interventions based on the specific details of each case and the individual needs of those affected. This approach helps the parties rebuild their confidence and self-esteem while also equipping them with practical coping strategies. 
 
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Credits: Adv. Prerana Saraf