Prosecution Of Sexual Harassment In Educational Institutions
Legal Framework
Applicable Laws
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
Covers educational institutions as workplaces.
Provides internal complaints committees (ICCs) to handle complaints.
Indian Penal Code (IPC) Provisions
Section 354 – Assault or criminal force to a woman with intent to outrage her modesty.
Section 354A – Sexual harassment and punishment for sexual harassment.
Section 354D – Stalking.
Section 509 – Word, gesture, or act intended to insult the modesty of a woman.
Section 376 – Rape.
Section 328/511 – Attempt to commit offenses.
Guidelines from Courts
Vishakha Guidelines (1997): Precursor to the POSH Act for workplace harassment in educational institutions.
Case Studies
Case 1: Vishakha & Ors v. State of Rajasthan (1997)
Facts:
A social worker was gang-raped while working in Rajasthan.
No workplace legal framework existed, so the Supreme Court laid down guidelines.
Legal Issues:
Lack of mechanisms for redressal of sexual harassment at workplace and educational institutions.
Court Decision:
Supreme Court established Vishakha Guidelines, including:
Obligatory formation of Internal Complaints Committee (ICC).
Procedures for complaint registration, inquiry, and protection of victims.
Preventive and punitive measures for harassment.
Key Takeaway:
Created legal foundation for prosecuting sexual harassment in educational institutions before POSH Act.
Case 2: University of Delhi Sexual Harassment Case (2013)
Facts:
A student alleged harassment by a faculty member in the university hostel.
Legal Issues:
Responsibility of the institution to act under POSH Act.
Charges:
Section 354A IPC – Sexual harassment.
Institutional liability for failure to protect students.
Court Decision:
Delhi High Court emphasized the need for prompt internal inquiry by ICC.
Faculty member suspended during inquiry; later criminal proceedings under IPC initiated.
Key Takeaway:
Institutions are vicariously liable if they fail to provide redressal or prevent harassment.
Case 3: Jadavpur University Student Harassment Case (2014)
Facts:
A female student complained against a senior student for repeated inappropriate touching and stalking.
Legal Issues:
Applicability of Section 354A and 354D IPC in campus harassment.
Institutional responsibility to safeguard students.
Charges:
Sections 354A, 354D IPC.
Violation of internal conduct rules of the university.
Court Decision:
Student expelled and criminal case registered; senior student convicted under IPC.
Court noted importance of immediate action by ICC in compliance with POSH Act.
Key Takeaway:
Peer-to-peer harassment in educational institutions can be prosecuted under IPC.
ICCs play a crucial role in initial inquiry.
Case 4: IIT Bombay Sexual Harassment Case (2015)
Facts:
A female research scholar alleged repeated sexual harassment by a faculty member.
Legal Issues:
Institutional accountability under POSH Act.
Faculty immunity and disciplinary action.
Charges:
Sections 354A, 509 IPC.
Internal disciplinary action by institute along with criminal prosecution.
Court Decision:
Institute followed ICC procedure and recommended suspension.
Criminal trial ensued; faculty member convicted for harassment.
Key Takeaway:
POSH Act mandates simultaneous internal inquiry and criminal proceedings.
Case 5: Banaras Hindu University Case (2016)
Facts:
Female student harassed by hostel warden; complaint initially ignored by the institution.
Legal Issues:
Failure of institution to act promptly as per POSH guidelines.
Charges:
Section 354A, 509 IPC – sexual harassment and verbal misconduct.
Institutional liability for negligence.
Court Decision:
Court held university liable for delayed action.
Ordered compensation to victim; faculty member convicted.
Emphasized mandatory ICC formation in all educational institutions.
Key Takeaway:
Institutional inaction can attract liability.
Courts increasingly award compensation to victims for negligence.
Case 6: AIIMS Delhi Internship Harassment Case (2018)
Facts:
Intern harassed by senior doctor during hospital posting.
Legal Issues:
Sexual harassment at medical educational institution.
Duty of care under POSH Act.
Charges:
Sections 354A, 509 IPC.
Administrative disciplinary action.
Court Decision:
Internal inquiry confirmed harassment.
Senior doctor suspended and criminal case registered.
Court stressed importance of victim protection and anti-retaliation measures.
Key Takeaway:
POSH Act applies to all educational institutions, including medical colleges.
Both criminal and administrative proceedings are integral for justice.
Case 7: Delhi University Hostel Harassment Case (2020)
Facts:
Girl complained about repeated stalking and sexual remarks by a senior student in the hostel.
Legal Issues:
Peer harassment and Section 354A applicability.
ICC procedure under POSH Act.
Charges:
Sections 354A (sexual harassment), 354D (stalking), 509 IPC.
Court Decision:
Senior student convicted; hostel warden and university penalized for negligence.
Court emphasized awareness programs and preventive measures for students.
Key Takeaway:
Harassment can be verbal, physical, or cyber.
Institutions must actively implement preventive measures to avoid liability.
Summary of Key Principles
Institutional Liability:
Educational institutions are accountable under POSH Act.
ICC must be constituted, complaints investigated, and timely action taken.
Criminal Liability of Perpetrators:
IPC Sections 354, 354A, 354D, 509, and 376 apply in educational settings.
Preventive Measures:
Awareness programs, complaint mechanisms, safe reporting channels, and non-retaliation clauses are essential.
Victim Protection and Compensation:
Courts frequently award monetary compensation for institutional negligence.
Simultaneous Proceedings:
Internal disciplinary actions and criminal prosecution occur concurrently.
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