1. Sexual Harassment of
Students & Women in
Colleges and
Universities

2. Introduction
• Sexual harassment is an act of power, and a public and
collective violation that is often trivialised by labelling it an
interpersonal transgression. It is therefore a violation of
gender equality also, of the right to a safe education and work
environment for all. Sexual harassment not only affects a few
individuals but reinforces gender based discrimination for
everyone.

3. Vishakha v State of Rajasthan
• According to the guidelines given under this judgement, sexual harassment
results in violation of the -
Fundamental rights to equality under Article 14 and 15 of the Constitution of
India
Right to life and live with dignity under Article 21 of the Constitution of India
Right to participate any profession or to carry on any occupation, trade or
business which includes right to a safe environment free from sexual harassment

4. Sexual Harassment means …
• An unwanted conduct with sexual undertone
• If it occurs or which persistent and which demeans, humiliates or creates a hostile
and intimidating environment
• Or is calculated to induce submission by actual or threatened adverse consequences
• And includes any one or more or all of the following unwelcome acts or behaviour
• (whether directly or by implication)

5. Sexual Harassment
a) Any unwelcome physical, verbal or
non verbal conduct of sexual
nature
b) Demand or request for sexual
favours
c) Making sexually coloured remarks
d) Physical contact and advances or
e) Showing pornography

6. Any one (or more than one or all) of the following
circumstances, if it occurs or is present in relation or connected
with any behaviour that has explicit sexual undertones
a) Implied or explicit promise of preferential treatment as quid
pro quo for sexual favours;
b) Implied or explicit threat of detrimental treatment in the
conduct of work;
c) Implied or explicit threat about the present or future status of
the person concerned;
d) Creating an intimidating offensive or hostile learning
environment
e) Humiliating treatment likely to affect the health, safety dignity
or physical integrity of the person concerned

8. Student
• A person duly admitted and pursuing a programme of study either through regular mode or
distance mode, including short-term training programmes in a Higher Education
Institutions (HEI)
• Provided that a student who is in the process of taking admission in HEIs campus although
not yet admitted, shall be treated, for the purposes of these regulations, as a student of that
HEI, where any incident of sexual harassment takes place against such student;
• Provided that a student who is participant in any of the activities in the HEIs other than the
HEI where such student is enrolled shall be treated, for the purpose of these regulations, as
a student of the HEI where any incident of sexual harassment takes place against such
student

9. Aggrieved women & Person
• Aggrieved Women
In relation to work place, a woman of any age whether employed or not,
who alleges to have been subjected to any act of sexual harassment by the
respondent
• Aggrieved Person
an aggrieved woman or a student

10. Campus
• The location or the land on which a HEI and its related institutional facilities like
libraries, laboratories, lecture halls, residences, halls, toilets, student centres, hostels,
dining halls, stadiums, parking areas, parks-like settings and other amenities like
health centres, canteens, Bank counters, etc., are situated and also includes extended
campus and covers within its scope places visited as a student of the HEI including
transportation provided for the purpose of commuting to and from the institution,
the locations outside the institution on field trips, internships, study tours,
excursions, short-term placements, places used for camps, cultural festivals, sports
meets and such other activities where a person is participating in the capacity of an
employee or a student of the HEI

11. Salient features of the Law
• Gender neutral for students
• Protection of the students in the process of taking admission as well as in other HEIs
• Broad based composition of Internal Complaint committee (ICC) including students
• Time limit to make complaint (3 months)
• Time bound redressal (90 days)
• Conciliation
• Preference for conciliation over inquiry

12. Salient features of the Law
• Principle of Natural Justice (equal opportunity to be heard)
• Interim Redressal
• Lower Burden of Proof
• Monetary Compensation
• Provision of punishment for false or malicious complaint
• Appellate Remedy (Executive Authority)
• HEIs to implement several support measures to prevent sexual harassment

13. Composition of Internal Complaints
Committees (ICC)
(Nominated by the Executive Authority)
• 1 Presiding officer – Woman faculty member employed at the senior level (not
below a Professor for University, Associate Professor or Reader for College)
• 2 Faculty Members & 2 Non-teaching employees – Persons committed to the
cause of women or have social work experience or legal knowledge preferred
• 3 Students – 1 Undergraduate, 1 Master’s & 1 Research Scholar, elected through a
transparent democratic procedure
• 1 External Member – From against NGO or association committed to the cause
of women or a person familiar with issues relating to sexual harassment

15. Additional Responsibilities of ICC
• Assist in written complaint
• Assist in Police Complaint
• Just & Fair conciliation
• Safety of Complainant
• Prevent Victimisation
• Protection

16. Interim Redressal
1. Transfer the complainant or the respondent to another section or department to
minimise the risk involved in contact or interaction, if such a recommendation is
made by the ICC
2. Grant leave to the aggrieved person with full protection of status and benefits for
a period up to three months
3. Restrain the respondent from reporting on or evaluating the work or performance
or tests or examinations of the complainant
4. Ensure that offenders are warned to keep distance from the aggrieved person and
if there is a definite threat, restrain their entry into the campus
5. Take strict measures to provide a conducive environment of safety and protection
to the complainant against retaliation and victimisation as a consequence of
making a complaint of sexual harassment

17. Punishment for misconduct including monetary compensation (when allegations are proved)
Employee – Shall be punished as per the service rules
Student (Based on the severity of the offence)
• Withhold privileges of the student such as access to the library, auditoria, halls of residence,
transpiration, scholarships, allowances, and identity card
• Suspend or restrict entry into the campus for a specific period
• Expel and strike off name from the rolls of the institution, including denial of readmission
• Award reformative punishment like mandatory counselling and / or performance of community
services
Monetary compensation payable in addition (Calculation based on)
• Mental trauma, pain, suffering and distress caused to the aggrieved person
• Loss of career opportunity due to the incident of sexual harassment
• Medical expenses incurred by the victim for physical, psychiatric treatment
• Income and status of the alleged perpetrator and victim
• Feasibility of such payment in lump sum or in instalments

18. Punishment in case of frivolous complaint (when allegations are proved to be false or malicious)
Employee – Shall be punished as per the service rules
Student (Based on the severity of the offence)
• Withhold privileges of the student such as access to the library, auditoria, halls of residence,
transpiration, scholarships, allowances, and identity card
• Suspend or restrict entry into the campus for a specific period
• Expel and strike off name from the rolls of the institution, including denial of readmission
• Award reformative punishment like mandatory counselling and / or performance of community
services
Note
• To ensure that the regulations are not misused, provisions against false or malicious complaints have
to be made and publicised within HEIs.
• Mere inability to substantiate a complaint or provide adequate proof will not attract against the
complainant
• Malicious intent on the part of the complainant shall not be established without an inquiry being
conducted before any action is recommended.

19. Other points which need to be taken into
consideration
• Consequences of Non-compliance by HEIs
• Intimate Partner Violence
• Concern for the safety of women students must not be cited to impose
discriminatory rules for women in the hostels as compared to male students.
Campus safety policies should not result in securitization, such as over
monitoring or policing or curtailing the freedom of moment, especially for
women employees and students.

20. Conclusion
Stay Safe

21. Thank You!
Presentation by
Adv. Urwi Keche