Skip to main content

Posh Law - Unveiling the Legal Framework: Tackling Sexual Harassment in Educational Institutions under CBSE and UGC Guidelines

Educational institutions are meant to be sanctuaries of knowledge and personal growth, where students and staff should feel safe and respected. However, sexual harassment remains a pervasive issue in these environments. Recognizing this problem, the Central Board of Secondary Education (CBSE) and the University Grants Commission (UGC) have implemented guidelines to address sexual harassment and create safer spaces within educational institutions. This article examines the legal framework and initiatives in place to combat sexual harassment within CBSE-affiliated schools and UGC-approved colleges and universities.

The Legal Landscape

1. Vishaka Guidelines: In 1997, the Supreme Court of India issued the Vishaka Guidelines, which established the framework for addressing sexual harassment in workplaces, including educational institutions. These guidelines emphasized the need for a safe and secure environment for all.

2. Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: The UGC and CBSE guidelines derive their authority from this act. It mandates the establishment of Internal Complaints Committees (ICCs) in all educational institutions with more than ten employees.

CBSE Guidelines

The CBSE has put in place specific measures to address sexual harassment within the schools under its jurisdiction:

1. Mandatory Awareness: CBSE-affiliated schools are required to conduct workshops and training programs to raise awareness about sexual harassment and gender sensitivity among students, staff, and parents.

2. Appointment of ICCs: Each CBSE-affiliated school must establish an Internal Complaints Committee to investigate and address complaints of sexual harassment.

3. Zero Tolerance Policy: The CBSE enforces a strict zero-tolerance policy for sexual harassment, emphasizing the importance of prompt and impartial investigations.

UGC Guidelines

The UGC guidelines extend to colleges and universities under its purview:

1. Establishment of ICCs: UGC mandates the formation of ICCs in higher education institutions. These committees are responsible for handling complaints and ensuring a safe environment for students and staff.

2. Awareness Programs: UGC emphasizes the importance of conducting workshops, seminars, and awareness campaigns to educate students and staff about sexual harassment prevention and redressal.

3. Online Complaint Portals: To make the reporting process more accessible, UGC encourages institutions to establish online complaint portals for easier submission of complaints.

Challenges and the Way Forward

While the CBSE and UGC guidelines are essential steps toward addressing sexual harassment, challenges still persist:

1. Awareness and Implementation: Many institutions struggle with awareness and effective implementation of these guidelines, leading to underreporting and inadequate redressal.

2. Stigma and Fear: Victims often face stigma and fear of retaliation, making it crucial to create safe spaces where they can report harassment without fear.

3. Legal Loopholes: Some argue for broader legislation to close potential legal gaps, offering greater protection and redressal options for victims.

In conclusion, addressing sexual harassment in educational institutions under the CBSE and UGC guidelines is essential for creating a safe and nurturing learning environment. However, there is a pressing need for continuous awareness, proactive implementation, and a cultural shift toward zero tolerance for harassment. By working together, educational institutions, students, and authorities can strive for campuses where everyone can learn and thrive without fear or discrimination.

Labels:

Comments

Post a Comment

Popular posts from this blog

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) Relationship

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) dealing with sexual harassment serve different purposes and have different legal frameworks. Here's a comparative overview of the two: 1. Purpose and Scope: • POSH Act 2013: This Act is specifically designed to address and prevent sexual harassment at workplaces. It defines sexual harassment, mandates the establishment of Internal Complaints Committees (ICCs) in organizations, and provides a structured process for filing and resolving complaints within the workplace. • IPC Sections on Sexual Harassment: The IPC contains various sections that deal with sexual offenses, but they are not specific to workplace harassment. These sections cover a wider range of sexual offenses, including rape (Section 375), outraging the modesty of a woman (Section 354), and others. These sections are applicable in general, non-workplace settings. 2. Applicability: • POSH Act 2013: Appl
Post a Comment
Read more

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
Post a Comment
Read more

Breaking the Chains: Unraveling Cultural Norms and Attitudes Contributing to Sexual Harassment in India.

Sexual harassment is deeply intertwined with cultural norms and attitudes that permeate societies, shaping perceptions and behaviors. This article delves into the examination of cultural norms, attitudes, and stereotypes in India that contribute to sexual harassment. It also explores strategies aimed at challenging and changing these harmful beliefs, fostering a cultural shift towards respect, equality, and a safer society. Cultural Norms and Attitudes: In India, cultural norms and attitudes often play a significant role in perpetuating sexual harassment. Traditional gender roles, patriarchal structures, and deeply ingrained stereotypes contribute to power imbalances and create an environment where harassment can thrive. The stigma surrounding discussions of sexuality and the perpetuation of harmful norms further impede progress toward a more equitable society. Stereotypes Perpetuating Harassment: Stereotypes surrounding masculinity, femininity, and societal expectations exacerbate th
Post a Comment
Read more