Skip to main content

Posh in Higher Education Institutions in India

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation.

A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022.

It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role in this while also including formal and informal workspaces and that the law is not confined to the corporate environment in the formal sphere.

A federal law that forbids sexual harassment of female employees and students in higher education institutions is the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015.

In an effort to make changes, the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015 requires all universities, colleges, and deemed universities to adhere to a set of rules to ensure that the campuses are free from sexual harassment.

In order to prevent gender bias, the term "students" assures that the legislation covers every person registered in a specific higher education institution, regardless of their gender.

An internal complaints committee must be established at every higher education institution in order to address sexual harassment claims. It must be dubbed the ICC and adhere to UGC-mandated rules if a body already exists with this goal.

Labels:

Comments

Post a Comment

Popular posts from this blog

Posh Act - Confidentiality vs Transparency

Confidentiality vs Transparency – Managing Sensitive Investigations Confidentiality is a statutory mandate under the POSH Act . Disclosure of identities, contents of complaint, witness details, or recommendations is prohibited. The objective is to protect dignity and prevent retaliation or workplace gossip. However, confidentiality does not mean secrecy without accountability. Employers must still ensure procedural transparency between parties sharing responses, evidence summaries, and findings. The balance lies in controlled disclosure within the inquiry framework, not public communication. Improper leaks can result in statutory penalties and reputational damage. Organizations must restrict access to inquiry records and sensitize leadership about non-interference. Simultaneously, leadership must communicate a culture of zero tolerance without discussing case specifics. Transparency about policy commitment, rather than individual cases, strengthens trust. Managing this balance is criti...
Post a Comment
Read more

POSH Cases: Madras High Court Highlights the Need for Sensitivity and Neutrality

V. Anantharaman v. The Institute of Financial Management & Others In an important judgment that underscores the need for sensitivity, neutrality, and procedural fairness in handling sexual harassment complaints, the Madras High Court in V. Anantharaman v. The Institute of Financial Management & Others reinforced the responsibilities of Internal Committees (ICs) and employers under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ). The Court emphasized that while the protection of the complainant is central to the Act, the rights of the accused must also be safeguarded through a fair and unbiased process. The case involved V. Anantharaman, a senior official accused of sexual harassment, who challenged the Internal Committee’s inquiry process on grounds of procedural lapses, lack of neutrality, and failure to provide him a reasonable opportunity to defend himself. The petitioner contended that the IC's proceedings we...
Post a Comment
Read more

Delhi High Court Reaffirms Importance of Natural Justice in POSH Inquiries: Somaya Gupta v. Jawaharlal Nehru University & Ors

In a landmark judgment reinforcing the principles of fairness and impartiality under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Delhi High Court in Somaya Gupta v. Jawaharlal Nehru University & Others (2018) clarified the essential procedural safeguards to be followed by Internal Committees (ICs) while handling complaints of sexual harassment. The Court held that mere apprehension of bias is insufficient to exclude a member from the Internal Committee; rather, there must be a real likelihood of bias established on substantive grounds. The case involved a faculty member at Jawaharlal Nehru University who raised concerns over the composition of the Internal Committee, alleging potential bias and lack of impartiality. The petitioner sought the removal of certain committee members on the grounds of perceived conflict of interest and personal connections, fearing that these factors could influence the inquiry process....
Post a Comment
Read more