IMPLEMENTING THE SEXUAL HARASSMENT LAW WITHIN HIGHER EDUCATION: A qualitative enquiry

The Sexual Harassment in the Workplace (Prevention, Prohibition and Redressal) Law, 2013, was enacted in 2013 requiring all employers to set up internal committees to investigate complaints of sexual harassment from women employees (The Constitution of India 2013). This chapter attempts to analyse the constitution and functioning of internal complaints committees (ICCs) in institutes of national importance and central universities. Based on in-depth semi-structured interviews with present and previous ICC members to investigate their experience of serving on the committee, the present chapter examines the types of cases that are reported and the way they are responded. It was found that the challenges encountered by ICCs were related to the fact that higher education institutions are not just places of work and study but also close communities consisting of a very diverse population. The pedagogical and pastoral role of educators creates responsibilities that go far beyond those defined in the law. The research concludes that sexual harassment prevention and redressal in higher education can be a complex exercise, which requires the active support and participation of both the management and the wider community within institutions.