Sexual Harassment in Universities
Written on November 28th, 2018 by {"login"=>"jcbitshyd", "email"=>"journal@hyderabad.bits-pilani.ac.in", "display_name"=>"Journal Club, BPHC", "first_name"=>"", "last_name"=>""}Sexual harassment is frighteningly common. The UGC reported a 50%
increase in the number of cases since 2017. A total of 188 cases were
reported from institutions across the country in 2017.
The most vulnerable targets of sexual harassment from faculty at
universities are research students. This is not to say that there is no
chance of undergraduates being harassed. However, research students work
with a greater degree of proximity to and depend heavily on their
supervisors. In the unfortunate case of their supervisor happening to be
a predator, these students are left almost powerless.
To protect students from such harm, the UGC in 2015 made it
compulsory for all colleges in India to have a special committee to
handle these complaints, and also to prevent the occurrence of sexual
harassment. With the UGC itself about to be dismantled by the present
government, the fate of the ICC hangs in doubt. However, as of 2018, in
accordance with this mandate, BPHC has an Internal Complaints Committee.
The fact that the ICC is such a little-known body on campus, sticks
out like a sore thumb. While all other committees, their functions and
procedures that help students (Anti-ragging, counsellors, SWD, etc.) are
explicitly made known to us, the ICC has never been publicized as much,
save for a poster on the HSS notice board.
This is not surprising, because the existence of sexual harassment is
something nobody wants to acknowledge. It would do no favour to anyone
to talk about it, except perhaps for the victim, who would be aware of
an option available to him/her. And perhaps for potential perpetrators,
who would be wary of possible punishment.
What is Sexual Harassment?
So, what is sexual harassment? Most people conjure up images of rape
and molestation of women. However, physical abuse isn’t the whole
picture. The government defines any unwelcome physical, verbal or
non-verbal conduct of a sexual nature as sexual harassment, whether
directly or by implication.
As per the Handbook on Sexual Harassment of Women at the Workplace,
the key elements of sexual harassment are that it is “sexual, unwelcome
and the experience is subjective. It is the impact and not the intent that matters.”
ICC Functioning in BITS Hyderabad
Key features of the ICC
The ICC’s responsibility is to keep a check of sexual harassment
occurring in the campus. Which includes teaching and non teaching staff,
students as well as outsiders who might visit the campus.
To investigate and take action on any complaint of sexual harassment
brought to its notice, directly by the victim or through the victim’s
trusted friend/aide in a neutral, non-biased way.
It should maintain the anonymity of the victim/ complainant and the accused/respondent throughout the proceedings.
It should support the victim if the she/he chooses to lodge legal proceedings.
It should listen and record statements of both the victim and the accused patiently and in a non-biased way.
Also it has to spread awareness among the students and staff about
the mechanism in place to handle complaints of sexual harassment.
The ICC should have three student representatives who shall be
enrolled at UG, master’s and Ph.D respectively through transparent
election procedure. The other members include faculty, non teaching
staff as well as a member from an NGO outside.
It has to complete the inquiry within 90 days of the receiving the
complaint and submit a final report to the Institute Head within 10 days
thereafter.
The ICC on our campus
The ICC at our campus mainly handles complaints of sexual harassment by faculty and staff.
The cases of sexual harassment by students are usually handled by the
Disciplinary Committee. But if any such case approaches the ICC, they
are responsible for its resolution and inquiry.
Till date there haven’t been any complaint that has required very
serious actions. But as a precaution, the ICC has monitored several
individuals over the months.
The student representatives, although not elected, have been active
in guiding students who approach them towards the ICC so that their
grievances can be heard.
The ICC said that elections would not have been feasible for such a
committee as there would be very few students interested in such a post.
Problems with running an ICC
The greatest challenge to the ICC today is the lack of complaints
they receive. On first glance, this statement might seem silly. Isn’t
the low number of complaints a good thing? But the reality is darker-
harassment is more widespread than it is vocalized.
Most students are too afraid to lodge a formal complaint with anyone.
Horrifying and dehumanising experiences stay within circles of friends,
becoming the shared, common knowledge that is expected to be brushed
under the carpet and ignored. It is far easier to be silent than to
vocalize trauma that will in all likelihood increase when they attempt
to hold the perpetrator accountable.
According to the chairperson of ICC at BPHC, most cases among staff
and faculty don’t reach the ICC as they are resolved among their
respective departments under the HoD.
Another obstacle for the ICC stated by the chairperson, is the lack
of interest among students regarding these issues. There were events
organised in this context by the ICC which witnessed very poor
attendance by students.
The lack of awareness among students is another thing that is
preventing ICC from functioning to its true function. The chairperson
said that this is despite several attempts by the ICC to spread
awareness regarding these issues.
Concern for False Accusation/ Collecting Evidence
Determining legitimacy of a claim
The ICC checks legitimacy by monitoring the accused’s behaviour over a
period of time. This monitoring is attempted to be done covertly and
without bias.
To quote the Prevention of Sexual Harassment Act -
“In order to ensure that the protections...are not misused, provisions
for action against “false or malicious” complainants have been
included...that the allegation made by the complainant is false or
malicious or the complaint has been made knowing it to be untrue or
forged or misleading information has been provided during the inquiry,
disciplinary action in accordance with the service rules of the
organisation can be taken against such complainant.”
The Likelihood of a False Accusation
It is worth reiterating here that both the accused and the accuser’s
identities are kept confidential. Every claim is closely examined and
punishments if found guilty, have included a warning, and in another
cases, a fine.
It is also worth noting that a formal complaint is not immediately
filed as soon as a person approaches the ICC. Only when attempts at
reconciliation and warnings do not suffice, is the complaint formalized.
All the while maintaining anonymity.
In other words, the reputation of the accused even when proven guilty, remains intact.
The chairperson of the ICC states that cases are hardly reported. The ICC has yet to find a case where the claim made was false.
The reality is, sexual harassment is far more common than false accusations.
The Way Forward
The present ICC is set to continue to function in the coming years.
(The term is three years, with effect from 2017). The contacts of the
members are detailed in the notice linked below. If anyone is undergoing
sexual harassment, they musn't hesitate to resolve the matter.
With the fate of the ICC in doubt, it is unclear whether a new body (if
any) will have the same provisions. In any case, it is hoped that our
systems evolve into strong mechanisms that hold wrongdoers accountable
for their actions. Our universities must become places where we
flourish, learn and grow. Not places that breed and harbour
disrespectful, dehumanising and illegal behavior.
Links
Written by: Tarun Agarwal, Niharika Shankar, Aditya Gayatri Sastry Kaipa