The document discusses sexual harassment, the objectives of the Internal Complaints Committee (ICC), and guidelines for dealing with sexual harassment complaints in universities.
It defines sexual harassment as any unwelcome sexually determined behavior that violates a person's fundamental rights and dignity. Examples of harassment include quid pro quo demands and creating a hostile work environment.
Universities have an obligation to provide a safe environment, display sexual harassment policies, and ensure zero tolerance. The ICC aims to address complaints quickly and enable victims to continue their education without impediments.
4. UNDERS TANDI NG S EXUAL HARAS S M ENT
• Sexual harassment is about any unwelcome sexuallydeterminedbehaviour (whether
directly or by implication) such as physical contact and advances, demand or request for
favours, sexually coloured remarks, or any other unwelcome physical verbal or non-verbal
conduct ofa sexual nature.
• Sexual harassment is a form of human rights violation. It is a violation of fundamental
rights as laid down in the Indian Constitution. Such behaviour transgresses common
dignity and gender equality and denies equal opportunity.
• The first principle of sexual harassment is that it is against the consent of the person
concerned.
• This may occur in public with open and even boastful sexist attitudes, comments and
behaviour, or only in private, when the aggressor is alone with the victim.
5. EXAM PLES
Quid Pro Quo Harassment
(S omefavourin exchange
forsomething)
Some studentsfrom my village
helped me when I firstjoined the
university
.They nowwantto
spend timewithme aloneand
visitme even though I do not like
it.
Male studentswithmotorbikes
offerme and then expect
something in return which makes
me very uncomfortable.
Hostile Working Environment
Thestaff in my officecrack sexual
jokes and use abusive language. I
feelvery uncomfortable.
I have been receiving strange sms
/
whatsapp messages from
someone whoclearly knows my
whereabouts.
Street lightingon theway back to
the hostelfrom thelibrary is poor
.
Some men hang around when we
walk back at night.
In theart class the teacher makes
obscene and embarrassing
comments on women students
and theirwork.
My class mate ihas been following
me around wherever I go.He now
says thatbecause I haven’tbegun
a relationship withhim heis
getting depressed and willharm
himself.Howcan I stop this
behaviour?
I am due fora promotion.
Professor has to writemy
confidentialreport.Yesterday he
came over to me and said,‘you
must come out withme so that
justthe twoof us can be together’
.
My PhD supervisor says that if I
spend more time with him alone
in the evenings, he will allow me
to submitmy dissertation soon.
6. GUI DELI NES FOR
A COM PLAI NANT
• Stress thatitis not the
faultofthe person
harassed (T
oo often women
are blamed forharassment
they face).
• Followyour instinct.Ifyou
are uncomfortable with
someone’s behaviour or
feeling threatened, take
note ofthis feeling.
•Keep a careful record of
the harassment faced.If
this involves smses,emails
etc then keep them.Ifthey
involveFacebook posts or
the likeon the internet,
take photographs ofthese
pages which you can show
as evidence.
•T
alk toyour friends and
people you are comfortable
withabouttheharassment.
Where appropriate try to
tellthe person to stop the
behaviour.
7. EVE TEAS I NG?
Whatis wrong with the term
‘eve-teasing’:
The word ‘teasing’trivializes
the harassment and presents
itas ‘justfun’
.
Itpresents the image of‘Eve’
the temptress and tends to
laythe blame on the woman,
deflecting the issue to what
the woman was wearing,why
she was out late and so on.
8. S EXUAL HARAS S M ENT AT THE WORKPLACE
• Thedefinition ofsexual harassment in theAct of 2013 is broadlyin line withtheApex Court’sdefinition in
theVishaka Judgment.
• It should be stressed thatsexual harassment is against the consentof the person concerned.Itshould not
beconfused with consensual relationships betweenpeople.
• As per thestatute,presence or occurrenceof circumstances of impliedor explicitpromise of preferential
treatment in employment; treatment about present or future employment; interference with work or
creating an intimidating or offensive or hostile workenvironment or humiliating treatmentlikely toaffect
thewomanemployee’shealth orsafetymay all amount to sexual harassment.
• Thebroad definition of the ‘workplace’appliestogovernment bodies,public and private sector
organizations,NGOs,organizations carryingon commercial,vocational,educational entertainment,
industrial and medical activitiesincluding Educational Institutions,Sports institutions and stadiums used
for training individuals. As per the Sexual Harassment Act, a workplace also covers places visited by
employeesduring thecourse ofemploymentorforreasons arising out ofemployment.
9. VI S HAKHA GUI D ELI NES ; JUS TI CE VER M A R EP OR T
• The Justice Verma Committee setup in thewake oftheDecember 2012 tragedy inits path breakingreport(hereafterreferred toas
the Verma Committee Report)ofJanuary 23, 2013 on AmendmentsofCriminal Law pushed the envelope of jurisprudence on the
issue ofgenderjustice in hithertounprecedentedways.
• In a scathing criticism of prevalent structures of criminal justice delivery within a largely patriarchal society, it placed the onus to
provide “AdequateSafety Measuresand Amenities in Respect ofWomen”squarely on thestate and its various functionaries (pp 260 -
272). In addition to14 Chaptersonsuggested reforms and 114 Appendices,its Conclusions and Recommendationsprovidesome
valuable inputs totheimperative that
“theequalityof women,being integralto the constitution,itsdenialis a sacrilegeand a constitutionalviolation.Sustained constitutional
violations meanthatgovernanceis not in accordancewiththe Constitution.A fortiori,alllimbs ofthestate - the executive,thelegislature
as wellas thejudiciary- must respect women’srights andmust threatthemin a “non-discriminatory manner”
10. I S S UES I N UNI VERS I TI ES
• Universitiesare not merely ‘workplaces’where faculty and nonteaching staff are employed
but are places where students come to learn and be trained for their professional careers
to realise their fullpotential as individuals.
• Itis therefore imperativethatallstudent,areprovidedwitha safe and dignified
environmentin which theyare able to achievethesegoal
• The goal ofSexual Harassmentpolicy is toend the problemfacedby the student/employee
through an internal system of relief that is easy to access, and thereby to provide an
effective remedy to the aggrieved complainant as quickly as possible so that s/he can
continue to study and develop without further impediments.
11. OB LI GATI ONS OF THE UNI VERS I TY
In addition to ensuringcompliancewiththeother provisionsstipulated,theSexual HarassmentAct
casts certain obligations
• providea safe working environment
• display conspicuouslyattheworkplace,thepenalconsequences ofindulgingin acts thatmay
constitutesexualharassmentand thecompositionoftheInternalComplaintsCommittee
• organise workshops andawarenessprogrammes atregular intervals forsensitizingemployees
on the issues and implications of workplace sexual harassment and organizing orientation
programmesformembersoftheInternalComplaintsCommittee.
• treatsexualharassmentas a misconductundertheservice rulesand initiate actionfor
misconduct.
