Despite the closure of colleges and universities due to Covid-19, the number of sexual harassment complaints is yet to see a downward trend. In fact, over the years, reported cases of sexual harassment in higher educational institutions have been on a rise.
According to the data collected from the University Grants Commission (UGC), 104 cases of sexual harassment were reported in 2017-18 by the 384 colleges and universities that submitted the annual report on sexual harassment in their institutions. In 2018-19, as many as 79 cases of sexual harassment were reported whereas in 2019-20, it rose to 299. While the cases in 2020-21, during the Covid-induced lockdown, came down to 103, they were still more or almost equal to when compared to the numbers of 2017-18 and 2018-19.
Reported cases, however, are just the tip of the iceberg as very few cases of sexual harassment get reported in the country. In most colleges and universities, especially those in tier-2 and tier-3 cities, there is no Internal Complaints Committee (ICC). An ICC is mandated by the UGC under Sexual Harassment Of Women At Workplace [Prevention, Prohibition, and Redressal] or PoSH Act.
Teachers Unaware of ICC
“What do you mean by ICC? I have not heard about ICC or any such committee for the prevention of sexual harassment,” said Gita Kumari (name changed on request), who teaches at a government-run Bundelkhand University in Jhansi, Uttar Pradesh for over seven years now and claims not to have heard of the redressal mechanism.
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“When any student or any teacher faces any incident of sexual harassment, we either take it up with some senior female professor or sometimes, with the Vice-Chancellor,” she said.
“I wish there was a committee or a mechanism like this in reality. If an ICC actually existed, life for many teachers and students would have been so much earlier in the institute. It is highly important to have such a committee,” she added.
Many other students and teachers like Gita, have made similar claims of missing ICCs in their educational institutes in both private and government colleges.
UGC acknowledged that not many universities and colleges have functional ICCs despite reminders. Officials said, ”We can not do much about it, other than sensitise the educational institutes.” Commission also cuts marks in ranking framework for abscence of ICC, however, lack of awareness among teachers, students prevails.
The UGC has not only directed universities and colleges to set up an ICC time and again but has also asked to form a special cell that conducts gender sensitization programmes. Further, UGC has asked all the universities and their affiliated colleges to fill the compliance of Gender Audit on the SAKSHAM Portal. Despite multiple advisories, several educational institutions across the country lack functional ICCs on their campus, claims a UGC official.
Speaking to News18, the official from UGC said, “Not many universities and colleges have functional ICCs. We regularly send advisories to educational institutes to set up ICC and ask them to send us an annual ICC report, which we then upload on the SAKSHAM Portal. But despite our advisory, the compliance is very less. We can not do much about it, other than sensitise the educational institutes. Educational Institutes should know that if don’t have a proper functional ICC, they will get low marks in the National Institutional Ranking Framework (NIRF) and other rankings.”
Lack of Action Against Defaulters
As per the PoSH Act, if an institute fails to constitute an ICC, it can be punished with a fine of Rs. 50,000. In case of repeated failures in constituting an ICC, the penalty can be doubled and in certain cases, the Act also provides for the license or registration of such institutes to be canceled.
Activists opine that the law has stated proper punitive actions against those who do not comply with it, however, it is due to officials’ lackadaisical attitude that the implementation is poor.
Women-rights activist Yogita Bhayana, who has served in six committees that were instituted to handle complaints of sexual harassment at the workplace, said most educational institutions have not even constituted an ICC and they do not take up any awareness campaigns.
“As per our surveys, most places in Delhi do not have an ICC. The law is only on paper, in actuality, there is no implementation. The district collectors are supposed to keep a check on the same but that is not done as their offices too do not have a proper functioning ICC,” she said.
“The law can be used as a preventive measure to curb sexual harassment. It is also a measure through which proceedings can be sped up. If there is proper awareness of an ICC under the PoSH Act, crimes against women can be curbed.” said Bhayana.
Women-right activist Kondaveeti Satyavati from Bhumika Women’s Collective, suggests, “almost everyone in the country knows about Polio drops, only because of efficient government campaigns. So the government can do the same to prevent sexual harassment against women.”
‘Situation Worse in Private Institutes’
Speaking to News18, National Women Commission’s Chairperson Rekha, said, “People should know that sexual harassment is not just touching, it involves physical, verbal, and mental harassment. At times, victims are unable to recognize they are indeed the victims. As they are also hesitant to talk about it, the case is not get registered ”
She added, “While some big universities and colleges have ICCs, the situation is worse with private institutes, including colleges and universities. Here, the owners of the institution are made the VCs and chancellors. In places like these, there is no one to check them. We want to look into these. The commission has written to several district Collectors asking for several ICCs in their districts but very few provide data to us.”
The chairperson also said that there are several loopholes in the ICCs that should be rectified to make them more efficient. These suggestions include increasing ICC members from four to five for a fair decision, disposing of the complaint in 60 days instead of 90 days, removing the provision for conciliation between the two parties, and increasing the limitation for filing the complaint from three to six months.
The chairperson said, “We have already sent these suggestions to the law ministry and Ministry of Women and Child Development, however, we have not received any response till now.”
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