Education has evolved into a basic human right across the world. It is especially important for women to obtain a degree, as it is a key component to a successful and financially stable life. In the absence of a degree, women’s financial independence is greatly hampered. Colleges and universities must create an inclusive environment free from discrimination and harassment in order to ensure that students have equal possibilities to excel in life.Research indicates that sexual harassment is a serious problem in the realm of higher education. Many female students experience harassment throughout their educational journey and statistics are even more disturbing for LGBTQ+ students. Sadly, in many instances these cases go unreported due to the stigma attached by the society. It is equally important to recognise male students also experience harassment but it is often overlooked. Faculty and staff face vulnerabilities too and imbalance of power often deters victims from reporting abuse. Additionally, concerns of retaliation, embarrassment, and overall mistrust of institutional processes significantly contribute to the lack of reporting of sexual harassment cases. Sexual harassment is impacting the social, emotional, and academic well-being of those affected. Despite the increasing awareness in the last few years, this issue continues to be a concern for safety and dignity in academics. Therefore, it is essential to adopt a comprehensive approach when addressing sexual harassment. it is time to go to the heart of the matter, implement effective preventive and remedial measures and foster an inclusive, respectful culture for all.Sexual harassment is significantly higher during the first year of college. Many incidents are related to non-contact harassment (inappropriate sexual comments or electronic communication). Physical harassment also takes place, for example unwanted touching or forcing a person to engage in sexual activity. These instances have been reported in a variety of campus areas, including student hostels and classrooms, and they are widespread in both large and small campus, as well as public and private colleges and universities.Sexual harassment poses an issue for both male and female students, although in distinct ways for each gender. Female students often endure sexual remarks and comments that lead to feelings of humiliation, anger, and fear, adversely affecting their self-esteem and interpersonal connections. Therefore, they tend to alter their conduct due to harassment, avoiding certain individuals or locations. Male students, meanwhile, are more prone to become the recipients of homophobic slurs. Overall, female students indicate higher levels of emotional turmoil and academic challenges as a result of these experiences.Another concern among the large number of college students keeps their experience private, as many choose to confide in friends rather than report them. It is notable that females are more inclined to discuss their experiences openly compared to males. Factors influencing not reporting such as embarrassment, guilt, lack of confidence in the support and lack of confidence in the experiences not being serious. There is also a lack of consensus about how to define sexual harassment, and confusion between students. Many try to avoid the problem or try to solve it by using humour which can keep the problem going on campus.Sexual harassment can have serious impacts on students emotional, academic and social development, can further lead to conflict, which can negatively impact the learning environment. The implications for society are great because students bring their experiences to the workplace. It is difficult to define sexual harassment because there are many different opinions, some held by cultural norms, where sexual harassment is seen as a tool of the patriarchy or a good interaction. In India, many students are exposed to harassment by media instead of educational institutions or parents and conversations around sex are taboo. The cultural view of women’s inferiority plays a role in this, compounded by a low Gender Inequality Index.India has a strong history of women fighting against sexual harassment at workplace in plethora of cases cumulatively in Vishaka v State of Rajasthan, 1997 where the Supreme Court acknowledged the lack of specific laws addressing sexual harassment at workplace in the Indian legislation. The court further provided Vishakha Guidelines to serve as legal framework for resolution, settlement or prosecution of sexual harassment cases pending till the time Parliament would enact a suitable law to fill the lacuna. Subsequently, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed by the Parliament. In 2016 the University Grant Commission realised the ‘Act’ only protects working women, so the Commission also amended its rules and regulations to be gender neutral for the protection of educational institutions at large. the mere presence of a sexual harassment policy is not enough to safeguard or to prevent sexual harassment from occurring. Therefore, the effort made in implementing the laws will be futile without continuous trainings and awareness. The UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions), Regulations, 2015 were issued by UGC. The regulations are consistent with the POSH Act, 2013 and legally binding.These framework meant to promote the culture of respect, safety and security in the academic and work environment for women. Employers are required to create a committee called “Internal Complaints Committee” (ICC) in offices where there are 10 or more employees, under the Sexual Harassment Act, to hear complaints of sexual harassment. Complaints must be filed in writing, with supporting documents, within three months from the incident or the last incident in case of multiple occurrences. In situations involving the aggrieved person’s physical or mental incapacity or death, others such as relatives or psychologists can file on their behalf. Upon receipt of a complaint, the ICC will provide a copy to the respondent within 7 days of receiving the complaint, and the respondent will have 10 working days to provide evidence and information about witnesses. The inquiry shall not exceed 90 days and the report shall be made within 10 days after the end of the said period. The employer has to comply with the ICC’s recommendations within 60 days. Appeals against the committee’s decisions can be made within 90 days.Based on the organization’s service rules, the penalty for the respondent may include a warning or termination. Disciplinary actions can include reprimands, salary deductions or community service. Compensation for the aggrieved is based on factors including emotional distress, lost career opportunities, medical expenses, and the perpetrator’s financial capability. Recognizing the rapid social transition in Indian society, it emphasizes the importance of sensitizing students in higher education to prevent sexual harassment.
Disclaimer: Views expressed above are the author’s own.