The POSH Act mandates Internal Complaints Committees in educational institutions to combat sexual harassment and ensure safety for all
OdishaPlus Bureau
In India, the issue of sexual harassment within educational institutions is primarily governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as the POSH Act). This legislation extends its applicability to educational settings, in conjunction with pertinent provisions of the Indian Penal Code (IPC), such as Section 354A, which delineates and criminalizes acts of sexual harassment. Additionally, the University Grants Commission (UGC) has established further guidelines for the management of such incidents within universities.
The POSH Act encompasses all forms of educational institutions, including universities, colleges, and schools, thereby safeguarding both students and staff from sexual harassment. Each institution is mandated to establish an Internal Complaints Committee (ICC) tasked with investigating and resolving complaints related to sexual harassment. Victims are entitled to submit their grievances to the ICC, which is obligated to respond swiftly.
Depending on the gravity of the harassment, offenders may be subjected to various disciplinary measures, including suspension, termination of employment, and potential criminal charges under the IPC. Section 354A specifically defines sexual harassment and categorizes it as a punishable offense.
Furthermore, the Protection of Children from Sexual Offences (POCSO) Act, 2012, offers supplementary safeguards for children experiencing sexual harassment in educational environments. The Right to Equality, as enshrined in Article 14 of the Constitution, guarantees equal protection against harassment for all students, irrespective of their gender.
