{"paper_id":"2ec41454-9ce4-4776-9ceb-2cf4da69dfa3","body_text":"Redressal Mechanisms Against Sexual Harassment in an Indian University: A SWOT Analysis | Research Square window.SnipcartSettings = { analytics: { enabled: false } }; (function() { var accessVector = localStorage.getItem('access_vector') || ''; window.dataLayer = window.dataLayer || []; if (accessVector) { window.dataLayer.push({ user: { profile: { profileInfo: { snid: accessVector } } } }); } })(); (function(w,d,s,l,i){w[l]=w[l]||[];w[l].push({'gtm.start':new Date().getTime(),event:'gtm.js'});var f=d.getElementsByTagName(s)[0],j=d.createElement(s),dl=l!='dataLayer'?'&l='+l:'';j.async=true;j.src='https://www.googletagmanager.com/gtm.js?id='+i+dl;f.parentNode.insertBefore(j,f);})(window,document,'script','dataLayer','GTM-K279D39R'); Browse Preprints In Review Journals COVID-19 Preprints AJE Video Bytes Research Tools Research Promotion AJE Professional Editing AJE Rubriq About Preprint Platform In Review Editorial Policies Our Team Advisory Board Help Center Sign In Submit a Preprint Cite Share Download PDF Article Redressal Mechanisms Against Sexual Harassment in an Indian University: A SWOT Analysis Jaspreet Singh, Ranvir Singh This is a preprint; it has not been peer reviewed by a journal. https://doi.org/ 10.21203/rs.3.rs-5911063/v1 This work is licensed under a CC BY 4.0 License Status: Posted Version 1 posted You are reading this latest preprint version Abstract Women face various forms of discrimination as well as harassment, some of which is sexually oriented and directly impact the dignity and identity of women. In contemporary era when women are entering to all unconventional work profiles, proactive measures are needed more than ever to safeguard against such harassment. This study made an assessment for stakeholder’s awareness, procedural ramification and Internal Complaint Committee’s (ICC) functioning in an Indian University, through qualitative approach. A SWOT analysis was done for institutional redressal mechanism against sexual harassment. Study revealed that ICC is lacking in the areas where institution can play significant supportive roles. Overall, the biggest concern emerged about the compromised autonomy of the ICC. Social science/Development studies Social science/Social policy Social science/Sociology Sexual Harassment at Workplace Redressal Mechanism Internal Complaint Committee Visakha Guideline POSH (Prevention of Sexual Harassment) Figures Figure 1 Figure 2 INTRODUCTION Aetiology of harassment is deep rooted in unequal relationships which creates a complex power structure built through oppressive mechanisms where one with least power get harassed. It is a multi-layered phenomenon where social identities play significant role to define its magnitude. Post-renaissance evolution in global consciousness about the ‘rights’ emerged with the ‘age of reason’ and resistance to harassment acknowledged widely. Emergence of right based frameworks in 21st century advocated for various institutional measures to address various harassments but still it seems a long way to go, particularly in global south where social identities not only determine the ascribed status but also influence the achieved status to a greater extend. Women are considered as weaker sex not from physical aspects but from the sociological point of view in the Indian patriarchal context. Within existing patriarchal social structure women have been reliant on men. Transition from her father, to her husband, and to her son as caregiver in different phases of life, does not change her status-quo as recipient from birth to death. Women abort girls due to societal pressures and profoundly surrounded prejudices against the female child (Rao and Kelleher 2003). The selective abortion of females not only represents and reinforces the devaluation of girls but further entrenches gender prejudices. The missing baby girls have brought abortion under analysis in India. In recent decades, this has led to the criminalisation of sex-selective abortions under Indian law. Himabandu et. al (2014) pealed another layer of complexity while observing eve teasing (which has been depicted as a means of communication between men and women in South Asian popular culture) in Hindi films. They observed that the villain or another hero is involved in the flirty beginnings of a relationship, and mild sexual harassment is frequently portrayed as pleasant and charming. Given the significance of Hindi films which are the most popular form of entertainment for young people in the country, it is a troublesome social learning, particularly for men in their interactions with women. Within existing patriarchal societal norms women face worse consequences due to such impaired social learning – e.g. limited mobility, less opportunities, and worse of all consideration of various abuses as normal. Despite the fact that at present, women are engaged in diverse livelihood activities in primary, secondary and tertiary sectors (formal as well as within informal sectors), their social identities still not only limit their opportunities but also make them vulnerable for various risks of multidimensional harms (Bhukhari and Sharma 2014). The organised sector, address these vulnerabilities to some extend through the protective institutional mechanisms which safeguards the rights and interests of women as a whole, but its proactive and just response is still under question. On the other hand, women who are working in unorganised sectors face severe challenges not only to their working conditions but non-existence of protective mechanism enhance their vulnerability to a greater extend. Apathy in this concern is still evident in the 21st century when on the onset of new millennium, World Bank ( 2001 ) acknowledged that we have accomplished a lot by now on the name of gender equality, but it is still true that in no region of the world are women and men equal in legal, social or economic rights. This reality demands much focus on the rights and challenge the in-equality faced by women in different phases of life. Although historical transition through the waves of feminism challenges the notion of patriarchy from the late nineteenth century, which started with the struggle to gained political power (including the right to vote), public and private inequalities and the issues concerning sexual, reproductive, and economic matters (Annapurany 2016 ). The idea was sown that women can contribute just as much, if not more, than males. Workplace safety was elevated to the forefront of the movement, and there was broad attempt to change popular culture's negative and inferior image of women to a more positive and realistic one (ibid). After much struggle when women move out of their homes and engage as worker, they face various forms of discrimination as well as harassment. The situation becomes worse when this harassment is sexually oriented and directly impact the dignity and identity of women. Many a times women also raised their voices against such discrimination and injustice, and sought a proactive and protective measure for the redressal of their concerns. In contemporary era when women are entering to all unconventional work profiles, proactive measures are needed more than ever to safeguard against such harassment. In the recent past, women’s representation as workforce increased to a greater proportion but still the unequal gender roles cater to the prejudices and create hinderance within the existing opportunities. These prejudices not only lead to harassment in general but sexual harassment at workplace also become a concern and get reported time to time (Maypole and Skaine 1983 ). Though it is also believed that such harassments are not a new phenomenon but due to the contemporary institutional mechanism which safeguards women’s interests, it caught attention. Sexual harassment of a woman at the workplace violates her right to the job, security, and equal opportunity(ibid). It also creates several problems, which further affect their social-emotional and mental well-being. The problem of sexual harassment was not a recent phenomenon but right based framework leads us to this concern very recently. This problem has its root in our culture and unbalanced power relations with others at the workplace. Unless there is enough stress on sensitisation of workers at the workplace, legal changes are almost not likely to be successful. The issue of sexual harassment at the workplace in India, particularly gained attention after the case of Vishaka and others vs. the State of Rajasthan, 1992 (NCRB 2011 ). This was the case of a gang rape of a public sector women employee and the subsequent denial of justice to her. The collective platform of Vishaka and many women’s organisations filed a writ petition in the Supreme Court, which led to the Supreme Court directives and court serve the guidelines on the prevention of sexual harassment of women at the workplace. The historic judgment passed on August 13, 1997, was known as Vishaka Directives or Guidelines, which stated that sexual harassment of working women is a violation of the rights of gender equality, occupation, and such conduct may constitute a health and safety problem. Vishaka guidelines define sexual harassment as an unwelcome sexual gesture or behaviour whether directly or indirectly as: i) sexually coloured remarks, ii) physical contact and advances, iii) showing pornography, iv) a demand or request for sexual favours, and v) any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. These directives were eventually lead to the formation of the Sexual Harassment of Women at Work Workplace (Prevention, Prohibition and Redressal) Act, which was enacted on 23 April 2013 (GOI 2013). This law focuses on the prevention of sexual harassment of women at the workplace, as well as provides a redressal mechanism to deal with such incidents. Significance of this Act also increases due to its direct linkages and safeguarding the right to work for women who engage in various formal settings, within informal unequal gender roles. This law has clear guidelines for the workplaces to have an Internal Complaint Committee (ICC) to address any case of sexual harassment and need to start the investigation immediately to build a less threatening and hostile environment within the organisation. India has many legislations for the protection and safeguarding of the rights of its citizens. Article 14, of the constitution, guarantees equality before the law and equal protection of the laws. Apart from this equality clause stated in general terms, the Indian Constitution has Article 15, which prohibits discrimination on grounds of sex among other things (GOI 2022). Vishaka guidelines acted as the milestone in this direction, and its outcome as Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 categorically defined sexual harassment, aggrieved women as well as the workplace. It builds an institutional mechanism, which binds various organisations to address incidents of sexual harassment fairly and speedily. It is a positive step in this direction. As these measures established institutional responsibility at various levels. Singh ( 2000 ) and Shrivastava (2004) observed the significant role of these guidelines while dealing with the cases of sexual harassment of women at work place. They mentioned that before 1997, anyone experiencing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code 1860 (which deals with the 'criminal assault of women to outrage women's modesty), and Section 509 which punishes an individual/individuals for using a 'word, gesture or act intended to insult the modesty of a woman. Further they also added that, although Internal Complaints Committees exist in the institutions but non-seriousness of the institutions toward this serious issue can also not be overlooked. Women face discriminations and harassment in different spheres of their lives and do not report every such act with the fear of character assassination and for the honour of their family. Particularly when the harasser is an employee or having an authority superior to their victim, women less likely to file a proper report. Kelley and Parsons ( 2000 ) mentioned that people do not report such cases because of the honour and threats associated with the same which leads to incomplete and inadequate reporting. Nevertheless, this also effect the magnitude of problem and other dimensions of the issue. Post Visakha Guidelines, Tejani (2004) explored the experiences of victims who made complaints and the process which ensued thereafter, and observed that there is serious risk of ‘backlash, humiliation, injury – mental and physical – and a complete loss of confidentiality’. Reena and Saheab ( 2014 ) explored the sexual harassment of women in educational institutions in India, and categorically mentioned that sexual harassment is the most endemic form of violence against women in educational institutions in India, and women's educational status does not protect them from sexual harassment at these institutes. They also stated that the redressal of sexual harassment of women at work is contingent on the institute's seriousness. Though the number of women in school and work has significantly increased over the recent decades, so has their vulnerability. This argument also gets supported by the work of Aina and Kulshrestha ( 2018 ) when they studied levels of awareness, perception and experience of sexual harassment in educational institutions in Delhi. They observed that majority of students were never oriented about the redressal mechanism against sexual harassment and they hardly speak up about any such incident which they experienced it eventually result in poor case registration. Though not knowing the redressal mechanism does not mean that students does not have any understanding of sexual harassment. Aditi et. Al. (2016) did a cross-sectional study about perception of sexual harassment among undergraduate students in professional colleges of Udupi district, Karnataka, India, where she clearly observed that majority of students have a clear idea about the acts which can be classified as sexual harassment mentioned in the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013. They also revealed that majority of the students also believe that it can be addressed adequately by building awareness and establishing the specific committee to deal with sexual harassment. Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandated the ICC for all the workspaces and Ministry of Education (Formerly known as Ministry of Human Resource and Development) issued specific guidelines for the composition of ICC at institutions of higher educational (GOI, 2015). For universities, it clearly mentioned that ICC will be presided by a senior women professor whereas two faculty members and two non-teaching employees will be the member of ICC. Three students elected through a democratic process will also be the member of the ICC in the cases where the matter involves the students. To maintain autonomy in the functioning of ICC, these guidelines specified that person in senior administrative position cannot be the member of ICC. In addition to these, one nominated member from any association or non-governmental organisation committed to issues related to sexual harassment will also be the member of ICC. The term of the office members of ICC will be of three years. CONCEPTUAL AND ANALYTICAL FRAMEWORK This study made a three-level assessment for stakeholder’s awareness, procedural ramification and ICC’s functioning in University of Jammu. The possibility of sexual harassment at the university do not limit only to the students, researchers, teaching or non-teaching staff but visitors can also be victim or culprit. With this framework study was conducted by following a qualitative approach through four FGDs and 19 in-depth interviews involving participants from two different departments and the members of ICC. On the bases of this assessment a SWOT analysis is done to assess the strengths, weaknesses, opportunities and threats within this institutional redressal mechanism (see Fig. 1). During the course of research informed consent from the participants was obtained and study adhered to strong ethical standards by maintaining confidentiality of the respondents. REDRESSAL MECHANISM AGAINST SEXUAL HARASSMENT AT WORKPLACE: STAKEHOLDERS’ EXPERIENCES AND OPINIONS Stakeholders involves students, research scholars, teaching and non-teaching staff of the university. Enquiry with the stakeholders directly addressed to probe their understanding and awareness of harassment, sexual harassment, workplace, existing mechanisms to deal with the cases of sexual harassment and the repercussion and risk involved within the process of the same. Stakeholders considered harassment through variety of expressions, including mental, physical, sexual, and emotional. It also involves causing someone physical harm or abusing one's positions of power. Stakeholders characterised sexual harassment as eve-teasing and other sexually explicit behavior. By stating that the objectification of women in popular culture is exclusively responsible for such behavior, it was also acknowledged that sexual harassment may occur anywhere, at any time, and with anybody, regardless of gender. It was also claimed that ‘although there is law, but it is not properly implemented, and majority of the students are even unaware/ignorant of it’. While probing about workplace, majority of the respondents stated that the workplace is where one is paid for their labour. Though students do not fit in this categorisation but it was stated by many that their workplace, is the university. One person also identified buses on which office employees commute as a workplace. However there is a legitimate definition of the workplace which also includes many other significant workplace entities (GOI 2015). The general notion of sexual harassment at work is impacted by people's misunderstanding or least understanding of the workplace as a whole. While talking about Institutional Measures against Sexual Harassment, most of the respondents are aware of the Committee that oversees this matter, but only a small proportion of them are aware of its official name. One respondent even stated that, ‘no one from the committee ever came to us for information related to the functioning and process’. Additionally, the respondents said they had never received in any kind of orientation training on this topic. According to respondents, women are more likely than men to face sexual harassment, and many of these women choose not to disclose it owing to societal and cultural pressures. Women in Indian society are seen as the family's honor, and if they make a complaint, they will face various repercussions, including family pressure and character assassination as well. Additionally, because of risk of losing confidentiality, many women do not file complaints. It was also come to the knowledge of the researchers that almost everyone is aware of one recent incident of sexual harassment which is filed to ICC. This can be a result of extensive media coverage of the case. Though some respondents claimed that in the said matter culprit found guilty and suspended but majority of them believed that people use their position and authority during the process of ICC investigation, and it eventually led women to withhold their complaints and very often forced them to make compromises. While exploring the opinion about the repercussion of complaints, respondents believed that potential threats were mostly linked to academic grades, or if the complainant is pursuing research, it may affect their research to greater extend. Even it was also acknowledged that, ‘if the offender is well connected person at the university, the issue may be dismissed’. Researcher were also made aware that appropriate course of action may be followed only due to student protest or if the matter acquires notoriety. Even in that case the threats intensify as the case becomes public. REDRESSAL MECHANISM AGAINST SEXUAL HARASSMENT AT WORKPLACE: INTERNAL COMPLAINT COMMITTEE’S EXPERIENCES AND OPINIONS Study observed that ICC was having the composition as mandated by Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 with a discrepancy. The committee was presided by the person who was also holding senior administrative position at the same time. One respondent also claimed that, ‘they did not receive any procedural induction orientation about the functioning of ICC’. Respondents also acknowledged that when a case is registered with ICC, it informally attempts to verify the case's genuineness before proceeding an investigation. This defeats the entire purpose of this institutional measure in term of raising a red flag on the victim before any proper formal investigation by the ICC. Any complaint of sexual harassment should always be treated with neutrality and even without holding any enquiry, the classification of any case as ‘fake’ is completely irrational and subjective. While enquiring about the procedural steps followed by ICC, study found that after formal registration of the case, ICC summon both the parties to present their case with evidences and witnesses. Though it was also acknowledged that there is no set time limit to redress a case of sexual harassment. ICC does not have a fixed routine meeting schedule and tries to hold meeting once or twice every month but when they get a formal complaint, they hold regular frequent meetings until the case is resolved. After going through all the details provided by both the parties, the committee makes its decision after consulting with the ‘university's vice-chancellor’. ICC also acknowledged that in the majority of the cases, the punishment is fine or either suspension of the person who found guilty. However, it mostly depends on the nature of the case because establishing the magnitude of severity is subjective in nature. Unanimously all respondents from ICC mentioned that the final authority is in the hands of the executive authority of the university where institution’s head guides the committee on, ‘what to do with the perpetrator’. The autonomy of the ICC is jeopardised to a larger extent when institution’s executive authority is involved in finalisation in recommendations in sexual harassment cases. REDRESSAL MECHANISM AGAINST SEXUAL HARASSMENT AT WORKPLACE: SWOT ANALYSIS Systematic investigation of the issues and concerns raised by the stakeholders and the ICC members, helped researcher to meticulously identify the S trengths, W eaknesses, O pportunities and T hreats within this redressal mechanism against sexual harassment in University of Jammu (see Fig. 2). This SWOT framework involves the following parameters: Knowledge and awareness of the stakeholders regarding ICC and its functions. ICC’s composition, functioning and case management. Existing support mechanisms for ICC Autonomy of ICC in its functioning and final recommendations External factors which play a significant role in the researched phenomenon This analysis revealed that though the composition of ICC is its strength and student’s active political participation in the university campus made their constituency strong to put forward their concerns. ICC is lacking in the areas where institution can play significant ramification roles. Overall, the biggest concern emerged through SWOT is the autonomy of ICC. Though ICC acknowledged that they hold various awareness sessions, seminars and other activities in the institution and other linked colleges in order to raise awareness about the committee. There was a mismatch between ICC’s claim and stakeholder’s response and this knowledge gap severely affects institutional settings in many ways. It parallelly build the scope for a wider and inclusive awareness campaign. Time bound resolution of the registered cases is a concern raised by many stakeholders which eventually built psychological pressure on the victim. Nonexistence of any institutional support systems for the victim of sexual harassment at the university is also an area of concern and it leaves victim to seek therapy on his or her own. The researcher was startled to see how broad the scope of conciliation and settlement is there in the university, as many stakeholders also acknowledged that they are aware of many cases which were settled or compromised within both the parties. This scope of conciliation is also mentioned within the University Grant Commission (prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015 (GOI 2015) under Section 8(vii) which clearly says: The aggrieved party may seek conciliation in order to settle the matter, no monetary settlement should be made as a basis of conciliation. The HEI (Higher Education Institution) shall facilitate the conciliation process through ICC as the case may be, once it is sought. The resolution of the conflict to the full satisfaction of the aggrieved party wherever possible, is preferred to purely punitive intervention. This rule position is a concern to the core because it sees the sexual harassment as ‘a conflict’, where former cannot be classified mere as a disagreement on opinions, principles or interests. It solely represses the idea of a redressal mechanism against sexual harassment by providing a base of conciliation where fundamentally sexual harassment is equated with conflict. A WAY FORWARD: TOWARDS THE SAFE WORKPLACE FOR ALL Sexual Harassment at workplace is a serious concern and its ramifications in the institutions of higher learning are manyfold. Lack of awareness in this direction will be counterproductive and the whole mechanism to address the concern will be under question. Autonomy of Internal Complaint Committee is a prerequisite criterion to ensure a fair trial, which needed to be maintained firmly. Considering the severity of matter, ICC is expected to provide relief to the victims in time bound manner while maintaining the confidentiality at every stage. This study revealed that to ensure positive outcome of institutional mechanism to address sexual harassment within this institution of higher learning, following has to be ensured: A comprehensive booklet to disseminate information about the sexual harassment at workplace and the existing institutional measure to address the same, should be provide to every single student in the university at the time of their admission. Stakeholders from social sciences and humanities are more sensitive toward this issue as compare to other academic disciplines, this built a scope for specific sensitisation campaigns with specific target audience. Due to the exposure to the knowledge which built this sensitisation, a scope for interdisciplinary courses arises which can fill this gap within other disciplines where such scope of learning does not exist within formal training. A designated office space for the committee will surely make administrative process smoother and the functioning of committee will enhance positively. Standard operating procedure needed to be adhered during the case management where confidentiality of the matter should be of prime concern while dealing with the matter in a time bound manner. Institution also needs a protective support mechanism to safeguard victims as well as the witnesses. Study observed that confidentiality during case management has to be ensured which will act as the protective safeguard mechanism and in addition counselling/therapy can be provided to the victim as a support mechanism. Autonomy of the ICC is a prime concern and needed to be uphold at every step. Study observed that autonomous status of the ICC in its functioning and decision making, highly influence the stakeholder’s faith in this redressal mechanism thus it needed to be maintained firmly. A broader societal concern is the existing social structure which in gender biased to a greater extend. Women who already have limited opportunities to come to the institution of higher learning after various battles on their personal front. It is alarming that despite knowing their rights and the existing redressal mechanisms against sexual harassment, they remain silent for various harassments with an assumption that they will be the one who will be judged for their behaviour and it may eventually cost their pursuit for higher learning. To ensure a better and just society, the existing mechanism against sexual harassment needed to be strengthen while involving all the stakeholders. Declarations Disclaimer This study was conducted in 2018 with the support of Maratha Farrell Foundation, New Delhi. Final publication of this study could have put the risk of negative academic ramification on the research participants thus its publication is deliberately halted till all the participants completed their academic engagement in the University where the study was conducted. Acknowledgement We are thankful to the respondents of the study who provided the valuable insight within the study. We are also thankful to Ms. Niharika Mahajan who provided us continued support from Maratha Farrell Foundation. We are also thankful to National Association for Professional Social Workers in India (NAPSWI) for their joint collaboration with Martha Farrell Foundation for this fellowship. Funding This study was funded by Maratha Farrell Foundation, New Delhi Competing interests Authors shares no conflict of interest Data availability The datasets generated during and/or analysed during the current study are available from the corresponding author on reasonable request. Name of the committee that approved the research: The Committee named Ethical Clearance Committee, approved the research, chaired by Dr. Vinay Kumar, Associate Professor, Central University of Jammu (Convener), and other committee members. Informed consent statement and adherence to ethical guidelines This study employs non-interventional research methodologies, including interviews and focus group discussions (FGDs). All participants were thoroughly briefed on the research objectives, and the utilization of their data, and assured of complete anonymity and confidentiality. They were also informed about any potential risks associated with their participation. As part of the ethical protocol, oral informed consent was obtained from all participants before their involvement in the study. The research was conducted in strict accordance with institutional guidelines and relevant ethical regulations. Authors Contribution RS developed the conceptual and analytical frame for the study. 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Global Health Action 7(1):1–6 Kelley ML, Parsons B (2000) Sexual Harassment in the 1990s: A University-Wide Survey of Female Faculty, Administrators, Staff, and Students. J High Educ 71(5):548–568 Maypole DE, Skaine R (1983) Sexual Harassment in the Workplace. Soc Work 28(5):385–390 NCRB (2011) Crime in India, Ministry of Home Affairs. National Crime Records Bureau, Government of India Reena M, Saheab O (2014) Sexual harassment against women at educational institutions. Int Journals Sci Res 3(12):914–917 Rao A, Kelleher D (2005) Is there life after gender mainstreaming? Gend Dev 13(2):57–69 Singh BD (2000) Issue of Sexual Harassment - A Legal Perspective. Indian J Industrial Relations 36(1):79–91 Sheba Tejani (2004) Sexual Harassment at the Workplace: Emerging Problems and Debates. Economic Political Wkly 39(41):4491–4494 Srivastava SC (2004) Sexual Harassment of Women at Work Place: Law and Policy. Indian J Industrial Relations 39(3):364–390 World Bank (2001) World Development Report 2000/2001: Attacking Poverty. World Development Report. Oxford University., New York. http://hdl.handle.net/10986/11856RESS Additional Declarations No competing interests reported. Cite Share Download PDF Status: Posted Version 1 posted You are reading this latest preprint version Research Square lets you share your work early, gain feedback from the community, and start making changes to your manuscript prior to peer review in a journal. As a division of Research Square Company, we’re committed to making research communication faster, fairer, and more useful. We do this by developing innovative software and high quality services for the global research community. Our growing team is made up of researchers and industry professionals working together to solve the most critical problems facing scientific publishing. Also discoverable on Platform About Our Team In Review Editorial Policies Advisory Board Help Center Resources Author Services Accessibility API Access RSS feed Manage Cookie Preferences © Research Square 2026 | ISSN 2693-5015 (online) Privacy Policy Terms of Service Do Not Sell My Personal Information {\"props\":{\"pageProps\":{\"initialData\":{\"identity\":\"rs-5911063\",\"acceptedTermsAndConditions\":true,\"allowDirectSubmit\":true,\"archivedVersions\":[],\"articleType\":\"Article\",\"associatedPublications\":[],\"authors\":[{\"id\":419110597,\"identity\":\"33132219-7033-4cef-81c6-8d77584d9f47\",\"order_by\":0,\"name\":\"Jaspreet Singh\",\"email\":\"data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAAZAAAAAyAQMAAABI0h/eAAAABlBMVEX///8AAABVwtN+AAAACXBIWXMAAA7EAAAOxAGVKw4bAAAA3klEQVRIiWNgGAWjYBAC9h4GxgMMbAwGBuwNQK6BBWEtjD0MDBAtPAdAWiRI0SKRAOITpeUAw4EfZXbG5pLPr274USDBwN/enYBfS28Dw8Gec8lmlrNzym72AB0mcebsBvxa+oEO421jtjG4nZN2gweoxUAil7CWg3/b6m0Mbp5Ju/mHGC2CQIcd5m07bGZwg/3YbaJskeY52HBY5txxY4MzOWy3ZQwkeAj6hY8n+eDDN2XVhhuOH392880fGzn+9l78WoC+aYAyeAzAJAHlKID9ASmqR8EoGAWjYAQBAC1OSa1k+z4DAAAAAElFTkSuQmCC\",\"orcid\":\"\",\"institution\":\"Central University of Jammu\",\"correspondingAuthor\":true,\"prefix\":\"\",\"firstName\":\"Jaspreet\",\"middleName\":\"\",\"lastName\":\"Singh\",\"suffix\":\"\"},{\"id\":419110598,\"identity\":\"47c6c23b-b6e7-49ac-990f-561fa683de73\",\"order_by\":1,\"name\":\"Ranvir Singh\",\"email\":\"\",\"orcid\":\"\",\"institution\":\"Central University of Jammu\",\"correspondingAuthor\":false,\"prefix\":\"\",\"firstName\":\"Ranvir\",\"middleName\":\"\",\"lastName\":\"Singh\",\"suffix\":\"\"}],\"badges\":[],\"createdAt\":\"2025-01-27 09:38:18\",\"currentVersionCode\":1,\"declarations\":\"\",\"doi\":\"10.21203/rs.3.rs-5911063/v1\",\"doiUrl\":\"https://doi.org/10.21203/rs.3.rs-5911063/v1\",\"draftVersion\":[],\"editorialEvents\":[],\"editorialNote\":\"\",\"failedWorkflow\":false,\"files\":[{\"id\":77005150,\"identity\":\"2dde5e80-9372-4614-97ba-c30903936c71\",\"added_by\":\"auto\",\"created_at\":\"2025-02-24 08:24:56\",\"extension\":\"png\",\"order_by\":1,\"title\":\"Figure 1\",\"display\":\"\",\"copyAsset\":false,\"role\":\"figure\",\"size\":57507,\"visible\":true,\"origin\":\"\",\"legend\":\"\\u003cp\\u003e\\u003cstrong\\u003eConceptual and Analytical Framework\\u003c/strong\\u003e\\u003c/p\\u003e\",\"description\":\"\",\"filename\":\"1.png\",\"url\":\"https://assets-eu.researchsquare.com/files/rs-5911063/v1/ff24d2590bd015e0c7250bb4.png\"},{\"id\":77005430,\"identity\":\"9191dccd-304a-45be-a790-b7d39fc9defa\",\"added_by\":\"auto\",\"created_at\":\"2025-02-24 08:32:56\",\"extension\":\"png\",\"order_by\":2,\"title\":\"Figure 2\",\"display\":\"\",\"copyAsset\":false,\"role\":\"figure\",\"size\":346431,\"visible\":true,\"origin\":\"\",\"legend\":\"\\u003cp\\u003e\\u003cstrong\\u003eSWOT Analysis of Redressal Mechanisms Against Sexual Harassment in an Indian University\\u003c/strong\\u003e\\u003c/p\\u003e\",\"description\":\"\",\"filename\":\"2.png\",\"url\":\"https://assets-eu.researchsquare.com/files/rs-5911063/v1/e31bc2903411eca7ee6a90db.png\"},{\"id\":103020821,\"identity\":\"0ddcb411-d81d-4187-9e94-99e302bd18d5\",\"added_by\":\"auto\",\"created_at\":\"2026-02-19 17:55:02\",\"extension\":\"pdf\",\"order_by\":0,\"title\":\"\",\"display\":\"\",\"copyAsset\":false,\"role\":\"manuscript-pdf\",\"size\":830610,\"visible\":true,\"origin\":\"\",\"legend\":\"\",\"description\":\"\",\"filename\":\"manuscript.pdf\",\"url\":\"https://assets-eu.researchsquare.com/files/rs-5911063/v1/12d1a245-641e-48aa-80d3-ab44ad6ab132.pdf\"}],\"financialInterests\":\"No competing interests reported.\",\"formattedTitle\":\"\\u003cp\\u003eRedressal Mechanisms Against Sexual Harassment in an Indian University: A SWOT Analysis\\u003c/p\\u003e\",\"fulltext\":[{\"header\":\"INTRODUCTION\",\"content\":\"\\u003cp\\u003eAetiology of harassment is deep rooted in unequal relationships which creates a complex power structure built through oppressive mechanisms where one with least power get harassed. It is a multi-layered phenomenon where social identities play significant role to define its magnitude. Post-renaissance evolution in global consciousness about the \\u0026lsquo;rights\\u0026rsquo; emerged with the \\u0026lsquo;age of reason\\u0026rsquo; and resistance to harassment acknowledged widely. Emergence of right based frameworks in 21st century advocated for various institutional measures to address various harassments but still it seems a long way to go, particularly in global south where social identities not only determine the ascribed status but also influence the achieved status to a greater extend.\\u003c/p\\u003e \\u003cp\\u003eWomen are considered as weaker sex not from physical aspects but from the sociological point of view in the Indian patriarchal context. Within existing patriarchal social structure women have been reliant on men. Transition from her father, to her husband, and to her son as caregiver in different phases of life, does not change her status-quo as recipient from birth to death. Women abort girls due to societal pressures and profoundly surrounded prejudices against the female child (Rao and Kelleher 2003). The selective abortion of females not only represents and reinforces the devaluation of girls but further entrenches gender prejudices. The missing baby girls have brought abortion under analysis in India. In recent decades, this has led to the criminalisation of sex-selective abortions under Indian law. Himabandu et. al (2014) pealed another layer of complexity while observing eve teasing (which has been depicted as a means of communication between men and women in South Asian popular culture) in Hindi films. They observed that the villain or another hero is involved in the flirty beginnings of a relationship, and mild sexual harassment is frequently portrayed as pleasant and charming. Given the significance of Hindi films which are the most popular form of entertainment for young people in the country, it is a troublesome social learning, particularly for men in their interactions with women. Within existing patriarchal societal norms women face worse consequences due to such impaired social learning \\u0026ndash; e.g. limited mobility, less opportunities, and worse of all consideration of various abuses as normal.\\u003c/p\\u003e \\u003cp\\u003eDespite the fact that at present, women are engaged in diverse livelihood activities in primary, secondary and tertiary sectors (formal as well as within informal sectors), their social identities still not only limit their opportunities but also make them vulnerable for various risks of multidimensional harms (Bhukhari and Sharma 2014). The organised sector, address these vulnerabilities to some extend through the protective institutional mechanisms which safeguards the rights and interests of women as a whole, but its proactive and just response is still under question. On the other hand, women who are working in unorganised sectors face severe challenges not only to their working conditions but non-existence of protective mechanism enhance their vulnerability to a greater extend.\\u003c/p\\u003e \\u003cp\\u003eApathy in this concern is still evident in the 21st century when on the onset of new millennium, World Bank (\\u003cspan citationid=\\\"CR14\\\" class=\\\"CitationRef\\\"\\u003e2001\\u003c/span\\u003e) acknowledged that we have accomplished a lot by now on the name of gender equality, but it is still true that in no region of the world are women and men equal in legal, social or economic rights. This reality demands much focus on the rights and challenge the in-equality faced by women in different phases of life. Although historical transition through the waves of feminism challenges the notion of patriarchy from the late nineteenth century, which started with the struggle to gained political power (including the right to vote), public and private inequalities and the issues concerning sexual, reproductive, and economic matters (Annapurany \\u003cspan citationid=\\\"CR2\\\" class=\\\"CitationRef\\\"\\u003e2016\\u003c/span\\u003e). The idea was sown that women can contribute just as much, if not more, than males. Workplace safety was elevated to the forefront of the movement, and there was broad attempt to change popular culture's negative and inferior image of women to a more positive and realistic one (ibid).\\u003c/p\\u003e \\u003cp\\u003eAfter much struggle when women move out of their homes and engage as worker, they face various forms of discrimination as well as harassment. The situation becomes worse when this harassment is sexually oriented and directly impact the dignity and identity of women. Many a times women also raised their voices against such discrimination and injustice, and sought a proactive and protective measure for the redressal of their concerns. In contemporary era when women are entering to all unconventional work profiles, proactive measures are needed more than ever to safeguard against such harassment.\\u003c/p\\u003e \\u003cp\\u003eIn the recent past, women\\u0026rsquo;s representation as workforce increased to a greater proportion but still the unequal gender roles cater to the prejudices and create hinderance within the existing opportunities. These prejudices not only lead to harassment in general but sexual harassment at workplace also become a concern and get reported time to time (Maypole and Skaine \\u003cspan citationid=\\\"CR7\\\" class=\\\"CitationRef\\\"\\u003e1983\\u003c/span\\u003e). Though it is also believed that such harassments are not a new phenomenon but due to the contemporary institutional mechanism which safeguards women\\u0026rsquo;s interests, it caught attention. Sexual harassment of a woman at the workplace violates her right to the job, security, and equal opportunity(ibid). It also creates several problems, which further affect their social-emotional and mental well-being.\\u003c/p\\u003e \\u003cp\\u003eThe problem of sexual harassment was not a recent phenomenon but right based framework leads us to this concern very recently. This problem has its root in our culture and unbalanced power relations with others at the workplace. Unless there is enough stress on sensitisation of workers at the workplace, legal changes are almost not likely to be successful. The issue of sexual harassment at the workplace in India, particularly gained attention after the case of Vishaka and others vs. the State of Rajasthan, 1992 (NCRB \\u003cspan citationid=\\\"CR8\\\" class=\\\"CitationRef\\\"\\u003e2011\\u003c/span\\u003e). This was the case of a gang rape of a public sector women employee and the subsequent denial of justice to her. The collective platform of Vishaka and many women\\u0026rsquo;s organisations filed a writ petition in the Supreme Court, which led to the Supreme Court directives and court serve the guidelines on the prevention of sexual harassment of women at the workplace. The historic judgment passed on August 13, 1997, was known as Vishaka Directives or Guidelines, which stated that sexual harassment of working women is a violation of the rights of gender equality, occupation, and such conduct may constitute a health and safety problem.\\u003c/p\\u003e \\u003cp\\u003eVishaka guidelines define sexual harassment as an unwelcome sexual gesture or behaviour whether directly or indirectly as: i) sexually coloured remarks, ii) physical contact and advances, iii) showing pornography, iv) a demand or request for sexual favours, and v) any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. These directives were eventually lead to the formation of the Sexual Harassment of Women at Work Workplace (Prevention, Prohibition and Redressal) Act, which was enacted on 23 April 2013 (GOI 2013). This law focuses on the prevention of sexual harassment of women at the workplace, as well as provides a redressal mechanism to deal with such incidents. Significance of this Act also increases due to its direct linkages and safeguarding the right to work for women who engage in various formal settings, within informal unequal gender roles. This law has clear guidelines for the workplaces to have an Internal Complaint Committee (ICC) to address any case of sexual harassment and need to start the investigation immediately to build a less threatening and hostile environment within the organisation.\\u003c/p\\u003e \\u003cp\\u003eIndia has many legislations for the protection and safeguarding of the rights of its citizens. Article 14, of the constitution, guarantees equality before the law and equal protection of the laws. Apart from this equality clause stated in general terms, the Indian Constitution has Article 15, which prohibits discrimination on grounds of sex among other things (GOI 2022). Vishaka guidelines acted as the milestone in this direction, and its outcome as Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 categorically defined sexual harassment, aggrieved women as well as the workplace. It builds an institutional mechanism, which binds various organisations to address incidents of sexual harassment fairly and speedily. It is a positive step in this direction. As these measures established institutional responsibility at various levels. Singh (\\u003cspan citationid=\\\"CR11\\\" class=\\\"CitationRef\\\"\\u003e2000\\u003c/span\\u003e) and Shrivastava (2004) observed the significant role of these guidelines while dealing with the cases of sexual harassment of women at work place. They mentioned that before 1997, anyone experiencing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code 1860 (which deals with the 'criminal assault of women to outrage women's modesty), and Section 509 which punishes an individual/individuals for using a 'word, gesture or act intended to insult the modesty of a woman. Further they also added that, although Internal Complaints Committees exist in the institutions but non-seriousness of the institutions toward this serious issue can also not be overlooked.\\u003c/p\\u003e \\u003cp\\u003eWomen face discriminations and harassment in different spheres of their lives and do not report every such act with the fear of character assassination and for the honour of their family. Particularly when the harasser is an employee or having an authority superior to their victim, women less likely to file a proper report. Kelley and Parsons (\\u003cspan citationid=\\\"CR6\\\" class=\\\"CitationRef\\\"\\u003e2000\\u003c/span\\u003e) mentioned that people do not report such cases because of the honour and threats associated with the same which leads to incomplete and inadequate reporting. Nevertheless, this also effect the magnitude of problem and other dimensions of the issue. Post Visakha Guidelines, Tejani (2004) explored the experiences of victims who made complaints and the process which ensued thereafter, and observed that there is serious risk of \\u0026lsquo;backlash, humiliation, injury \\u0026ndash; mental and physical \\u0026ndash; and a complete loss of confidentiality\\u0026rsquo;. Reena and Saheab (\\u003cspan citationid=\\\"CR9\\\" class=\\\"CitationRef\\\"\\u003e2014\\u003c/span\\u003e) explored the sexual harassment of women in educational institutions in India, and categorically mentioned that sexual harassment is the most endemic form of violence against women in educational institutions in India, and women's educational status does not protect them from sexual harassment at these institutes. They also stated that the redressal of sexual harassment of women at work is contingent on the institute's seriousness. Though the number of women in school and work has significantly increased over the recent decades, so has their vulnerability. This argument also gets supported by the work of Aina and Kulshrestha (\\u003cspan citationid=\\\"CR1\\\" class=\\\"CitationRef\\\"\\u003e2018\\u003c/span\\u003e) when they studied levels of awareness, perception and experience of sexual harassment in educational institutions in Delhi. They observed that majority of students were never oriented about the redressal mechanism against sexual harassment and they hardly speak up about any such incident which they experienced it eventually result in poor case registration. Though not knowing the redressal mechanism does not mean that students does not have any understanding of sexual harassment. Aditi et. Al. (2016) did a cross-sectional study about perception of sexual harassment among undergraduate students in professional colleges of Udupi district, Karnataka, India, where she clearly observed that majority of students have a clear idea about the acts which can be classified as sexual harassment mentioned in the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013. They also revealed that majority of the students also believe that it can be addressed adequately by building awareness and establishing the specific committee to deal with sexual harassment.\\u003c/p\\u003e \\u003cp\\u003eSexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandated the ICC for all the workspaces and Ministry of Education (Formerly known as Ministry of Human Resource and Development) issued specific guidelines for the composition of ICC at institutions of higher educational (GOI, 2015). For universities, it clearly mentioned that ICC will be presided by a senior women professor whereas two faculty members and two non-teaching employees will be the member of ICC. Three students elected through a democratic process will also be the member of the ICC in the cases where the matter involves the students. To maintain autonomy in the functioning of ICC, these guidelines specified that person in senior administrative position cannot be the member of ICC. In addition to these, one nominated member from any association or non-governmental organisation committed to issues related to sexual harassment will also be the member of ICC. The term of the office members of ICC will be of three years.\\u003c/p\\u003e\"},{\"header\":\"CONCEPTUAL AND ANALYTICAL FRAMEWORK\",\"content\":\"\\u003cp\\u003eThis study made a three-level assessment for stakeholder\\u0026rsquo;s awareness, procedural ramification and ICC\\u0026rsquo;s functioning in University of Jammu. The possibility of sexual harassment at the university do not limit only to the students, researchers, teaching or non-teaching staff but visitors can also be victim or culprit. With this framework study was conducted by following a qualitative approach through four FGDs and 19 in-depth interviews involving participants from two different departments and the members of ICC. On the bases of this assessment a SWOT analysis is done to assess the strengths, weaknesses, opportunities and threats within this institutional redressal mechanism (see Fig.\\u0026nbsp;1). During the course of research informed consent from the participants was obtained and study adhered to strong ethical standards by maintaining confidentiality of the respondents.\\u003c/p\\u003e \\u003cdiv id=\\\"Sec3\\\" class=\\\"Section2\\\"\\u003e \\u003ch2\\u003eREDRESSAL MECHANISM AGAINST SEXUAL HARASSMENT AT WORKPLACE:\\u003c/h2\\u003e \\u003cdiv id=\\\"Sec4\\\" class=\\\"Section3\\\"\\u003e \\u003ch2\\u003eSTAKEHOLDERS\\u0026rsquo; EXPERIENCES AND OPINIONS\\u003c/h2\\u003e \\u003cp\\u003eStakeholders involves students, research scholars, teaching and non-teaching staff of the university. Enquiry with the stakeholders directly addressed to probe their understanding and awareness of harassment, sexual harassment, workplace, existing mechanisms to deal with the cases of sexual harassment and the repercussion and risk involved within the process of the same.\\u003c/p\\u003e \\u003cp\\u003eStakeholders considered harassment through variety of expressions, including mental, physical, sexual, and emotional. It also involves causing someone physical harm or abusing one's positions of power. Stakeholders characterised sexual harassment as eve-teasing and other sexually explicit behavior. By stating that the objectification of women in popular culture is exclusively responsible for such behavior, it was also acknowledged that sexual harassment may occur anywhere, at any time, and with anybody, regardless of gender. It was also claimed that \\u0026lsquo;although there is law, but it is not properly implemented, and majority of the students are even unaware/ignorant of it\\u0026rsquo;. While probing about workplace, majority of the respondents stated that the workplace is where one is paid for their labour. Though students do not fit in this categorisation but it was stated by many that their workplace, is the university. One person also identified buses on which office employees commute as a workplace. However there is a legitimate definition of the workplace which also includes many other significant workplace entities (GOI 2015).\\u003c/p\\u003e \\u003cp\\u003eThe general notion of sexual harassment at work is impacted by people's misunderstanding or least understanding of the workplace as a whole. While talking about Institutional Measures against Sexual Harassment, most of the respondents are aware of the Committee that oversees this matter, but only a small proportion of them are aware of its official name. One respondent even stated that, \\u0026lsquo;no one from the committee ever came to us for information related to the functioning and process\\u0026rsquo;. Additionally, the respondents said they had never received in any kind of orientation training on this topic.\\u003c/p\\u003e \\u003cp\\u003eAccording to respondents, women are more likely than men to face sexual harassment, and many of these women choose not to disclose it owing to societal and cultural pressures. Women in Indian society are seen as the family's honor, and if they make a complaint, they will face various repercussions, including family pressure and character assassination as well. Additionally, because of risk of losing confidentiality, many women do not file complaints.\\u003c/p\\u003e \\u003cp\\u003eIt was also come to the knowledge of the researchers that almost everyone is aware of one recent incident of sexual harassment which is filed to ICC. This can be a result of extensive media coverage of the case. Though some respondents claimed that in the said matter culprit found guilty and suspended but majority of them believed that people use their position and authority during the process of ICC investigation, and it eventually led women to withhold their complaints and very often forced them to make compromises.\\u003c/p\\u003e \\u003cp\\u003eWhile exploring the opinion about the repercussion of complaints, respondents believed that potential threats were mostly linked to academic grades, or if the complainant is pursuing research, it may affect their research to greater extend. Even it was also acknowledged that, \\u0026lsquo;if the offender is well connected person at the university, the issue may be dismissed\\u0026rsquo;. Researcher were also made aware that appropriate course of action may be followed only due to student protest or if the matter acquires notoriety. Even in that case the threats intensify as the case becomes public.\\u003c/p\\u003e \\u003c/div\\u003e \\u003c/div\\u003e\\n\\u003ch3\\u003eREDRESSAL MECHANISM AGAINST SEXUAL HARASSMENT AT WORKPLACE:\\u003c/h3\\u003e\\n\\u003cdiv id=\\\"Sec6\\\" class=\\\"Section2\\\"\\u003e \\u003ch2\\u003eINTERNAL COMPLAINT COMMITTEE\\u0026rsquo;S EXPERIENCES AND OPINIONS\\u003c/h2\\u003e \\u003cp\\u003eStudy observed that ICC was having the composition as mandated by Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 with a discrepancy. The committee was presided by the person who was also holding senior administrative position at the same time. One respondent also claimed that, \\u0026lsquo;they did not receive any procedural induction orientation about the functioning of ICC\\u0026rsquo;.\\u003c/p\\u003e \\u003cp\\u003eRespondents also acknowledged that when a case is registered with ICC, it informally attempts to verify the case's genuineness before proceeding an investigation. This defeats the entire purpose of this institutional measure in term of raising a red flag on the victim before any proper formal investigation by the ICC.\\u003c/p\\u003e \\u003cp\\u003eAny complaint of sexual harassment should always be treated with neutrality and even without holding any enquiry, the classification of any case as \\u0026lsquo;fake\\u0026rsquo; is completely irrational and subjective. While enquiring about the procedural steps followed by ICC, study found that after formal registration of the case, ICC summon both the parties to present their case with evidences and witnesses. Though it was also acknowledged that there is no set time limit to redress a case of sexual harassment. ICC does not have a fixed routine meeting schedule and tries to hold meeting once or twice every month but when they get a formal complaint, they hold regular frequent meetings until the case is resolved. After going through all the details provided by both the parties, the committee makes its decision after consulting with the \\u0026lsquo;university's vice-chancellor\\u0026rsquo;. ICC also acknowledged that in the majority of the cases, the punishment is fine or either suspension of the person who found guilty. However, it mostly depends on the nature of the case because establishing the magnitude of severity is subjective in nature. Unanimously all respondents from ICC mentioned that the final authority is in the hands of the executive authority of the university where institution\\u0026rsquo;s head guides the committee on, \\u0026lsquo;what to do with the perpetrator\\u0026rsquo;. The autonomy of the ICC is jeopardised to a larger extent when institution\\u0026rsquo;s executive authority is involved in finalisation in recommendations in sexual harassment cases.\\u003c/p\\u003e \\u003c/div\\u003e\\n\\u003ch3\\u003eREDRESSAL MECHANISM AGAINST SEXUAL HARASSMENT AT WORKPLACE:\\u003c/h3\\u003e\\n\\u003cdiv id=\\\"Sec8\\\" class=\\\"Section2\\\"\\u003e \\u003ch2\\u003eSWOT ANALYSIS\\u003c/h2\\u003e \\u003cp\\u003eSystematic investigation of the issues and concerns raised by the stakeholders and the ICC members, helped researcher to meticulously identify the \\u003cb\\u003eS\\u003c/b\\u003etrengths, \\u003cb\\u003eW\\u003c/b\\u003eeaknesses, \\u003cb\\u003eO\\u003c/b\\u003epportunities and \\u003cb\\u003eT\\u003c/b\\u003ehreats within this redressal mechanism against sexual harassment in University of Jammu (see Fig.\\u0026nbsp;2). This SWOT framework involves the following parameters:\\u003c/p\\u003e \\u003cp\\u003e \\u003col style=\\\"list-style-type: lower-roman;\\\"\\u003e \\u003cspan\\u003e \\u003cli\\u003e \\u003cp\\u003eKnowledge and awareness of the stakeholders regarding ICC and its functions.\\u003c/p\\u003e \\u003c/li\\u003e \\u003c/span\\u003e \\u003cspan\\u003e \\u003cli\\u003e \\u003cp\\u003eICC\\u0026rsquo;s composition, functioning and case management.\\u003c/p\\u003e \\u003c/li\\u003e \\u003c/span\\u003e \\u003cspan\\u003e \\u003cli\\u003e \\u003cp\\u003eExisting support mechanisms for ICC\\u003c/p\\u003e \\u003c/li\\u003e \\u003c/span\\u003e \\u003cspan\\u003e \\u003cli\\u003e \\u003cp\\u003eAutonomy of ICC in its functioning and final recommendations\\u003c/p\\u003e \\u003c/li\\u003e \\u003c/span\\u003e \\u003cspan\\u003e \\u003cli\\u003e \\u003cp\\u003eExternal factors which play a significant role in the researched phenomenon\\u003c/p\\u003e \\u003c/li\\u003e \\u003c/span\\u003e \\u003c/ol\\u003e \\u003c/p\\u003e\\u003cp\\u003eThis analysis revealed that though the composition of ICC is its strength and student\\u0026rsquo;s active political participation in the university campus made their constituency strong to put forward their concerns. ICC is lacking in the areas where institution can play significant ramification roles. Overall, the biggest concern emerged through SWOT is the autonomy of ICC.\\u003c/p\\u003e \\u003cp\\u003eThough ICC acknowledged that they hold various awareness sessions, seminars and other activities in the institution and other linked colleges in order to raise awareness about the committee. There was a mismatch between ICC\\u0026rsquo;s claim and stakeholder\\u0026rsquo;s response and this knowledge gap severely affects institutional settings in many ways. It parallelly build the scope for a wider and inclusive awareness campaign. Time bound resolution of the registered cases is a concern raised by many stakeholders which eventually built psychological pressure on the victim. Nonexistence of any institutional support systems for the victim of sexual harassment at the university is also an area of concern and it leaves victim to seek therapy on his or her own.\\u003c/p\\u003e \\u003cp\\u003eThe researcher was startled to see how broad the scope of conciliation and settlement is there in the university, as many stakeholders also acknowledged that they are aware of many cases which were settled or compromised within both the parties. This scope of conciliation is also mentioned within the University Grant Commission (prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015 (GOI 2015) under Section 8(vii) which clearly says:\\u003cdiv class=\\\"BlockQuote\\\"\\u003e\\u003cp\\u003eThe aggrieved party may seek conciliation in order to settle the matter, no monetary settlement should be made as a basis of conciliation. The HEI (Higher Education Institution) shall facilitate the conciliation process through ICC as the case may be, once it is sought. The resolution of the conflict to the full satisfaction of the aggrieved party wherever possible, is preferred to purely punitive intervention.\\u003c/p\\u003e\\u003c/div\\u003e\\u003c/p\\u003e \\u003cp\\u003eThis rule position is a concern to the core because it sees the sexual harassment as \\u0026lsquo;a conflict\\u0026rsquo;, where former cannot be classified mere as a disagreement on opinions, principles or interests. It solely represses the idea of a redressal mechanism against sexual harassment by providing a base of conciliation where fundamentally sexual harassment is equated with conflict.\\u003c/p\\u003e \\u003c/div\\u003e\"},{\"header\":\"A WAY FORWARD: TOWARDS THE SAFE WORKPLACE FOR ALL\",\"content\":\"\\u003cp\\u003eSexual Harassment at workplace is a serious concern and its ramifications in the institutions of higher learning are manyfold. Lack of awareness in this direction will be counterproductive and the whole mechanism to address the concern will be under question. Autonomy of Internal Complaint Committee is a prerequisite criterion to ensure a fair trial, which needed to be maintained firmly. Considering the severity of matter, ICC is expected to provide relief to the victims in time bound manner while maintaining the confidentiality at every stage.\\u003c/p\\u003e \\u003cp\\u003eThis study revealed that to ensure positive outcome of institutional mechanism to address sexual harassment within this institution of higher learning, following has to be ensured:\\u003c/p\\u003e \\u003cp\\u003e \\u003cul\\u003e \\u003cli\\u003e \\u003cp\\u003eA comprehensive booklet to disseminate information about the sexual harassment at workplace and the existing institutional measure to address the same, should be provide to every single student in the university at the time of their admission.\\u003c/p\\u003e \\u003c/li\\u003e \\u003cli\\u003e \\u003cp\\u003eStakeholders from social sciences and humanities are more sensitive toward this issue as compare to other academic disciplines, this built a scope for specific sensitisation campaigns with specific target audience. Due to the exposure to the knowledge which built this sensitisation, a scope for interdisciplinary courses arises which can fill this gap within other disciplines where such scope of learning does not exist within formal training.\\u003c/p\\u003e \\u003c/li\\u003e \\u003cli\\u003e \\u003cp\\u003eA designated office space for the committee will surely make administrative process smoother and the functioning of committee will enhance positively.\\u003c/p\\u003e \\u003c/li\\u003e \\u003cli\\u003e \\u003cp\\u003eStandard operating procedure needed to be adhered during the case management where confidentiality of the matter should be of prime concern while dealing with the matter in a time bound manner.\\u003c/p\\u003e \\u003c/li\\u003e \\u003cli\\u003e \\u003cp\\u003eInstitution also needs a protective support mechanism to safeguard victims as well as the witnesses. Study observed that confidentiality during case management has to be ensured which will act as the protective safeguard mechanism and in addition counselling/therapy can be provided to the victim as a support mechanism.\\u003c/p\\u003e \\u003c/li\\u003e \\u003cli\\u003e \\u003cp\\u003eAutonomy of the ICC is a prime concern and needed to be uphold at every step. Study observed that autonomous status of the ICC in its functioning and decision making, highly influence the stakeholder\\u0026rsquo;s faith in this redressal mechanism thus it needed to be maintained firmly.\\u003c/p\\u003e \\u003c/li\\u003e \\u003c/ul\\u003e \\u003c/p\\u003e \\u003cp\\u003eA broader societal concern is the existing social structure which in gender biased to a greater extend. Women who already have limited opportunities to come to the institution of higher learning after various battles on their personal front. It is alarming that despite knowing their rights and the existing redressal mechanisms against sexual harassment, they remain silent for various harassments with an assumption that they will be the one who will be judged for their behaviour and it may eventually cost their pursuit for higher learning. To ensure a better and just society, the existing mechanism against sexual harassment needed to be strengthen while involving all the stakeholders.\\u003c/p\\u003e\"},{\"header\":\"Declarations\",\"content\":\"\\u003cp\\u003e\\u003cstrong\\u003eDisclaimer\\u003c/strong\\u003e\\u003c/p\\u003e\\n\\u003cp\\u003eThis study was conducted in 2018 with the support of Maratha Farrell Foundation, New Delhi. Final publication of this study could have put the risk of negative academic ramification on the research participants thus its publication is deliberately halted till all the participants completed their academic engagement in the University where the study was conducted. \\u0026nbsp;\\u003c/p\\u003e\\n\\u003cp\\u003e\\u003cstrong\\u003eAcknowledgement\\u003c/strong\\u003e\\u003c/p\\u003e\\n\\u003cp\\u003eWe are thankful to the respondents of the study who provided the valuable insight within the study. We are also thankful to Ms. Niharika Mahajan who provided us continued support from Maratha Farrell Foundation. We are also thankful to National Association for Professional Social Workers in India (NAPSWI) for their joint collaboration with Martha Farrell Foundation for this fellowship. \\u0026nbsp;\\u003c/p\\u003e\\n\\u003cp\\u003e\\u003cstrong\\u003eFunding\\u003c/strong\\u003e\\u003c/p\\u003e\\n\\u003cp\\u003eThis study was funded by Maratha Farrell Foundation, New Delhi\\u003c/p\\u003e\\n\\u003cp\\u003e\\u003cstrong\\u003eCompeting interests\\u003c/strong\\u003e\\u003c/p\\u003e\\n\\u003cp\\u003eAuthors shares no conflict of interest\\u0026nbsp;\\u003c/p\\u003e\\n\\u003cp\\u003e\\u003cstrong\\u003eData availability\\u003c/strong\\u003e\\u003c/p\\u003e\\n\\u003cp\\u003eThe datasets generated during and/or analysed during the current study are available from the corresponding author on reasonable request.\\u003c/p\\u003e\\n\\u003cp\\u003e\\u0026nbsp;\\u003cstrong\\u003eName of the committee that approved the research:\\u003c/strong\\u003e\\u003c/p\\u003e\\n\\u003cp\\u003eThe Committee named Ethical Clearance Committee, approved the research, chaired by Dr. Vinay Kumar, Associate Professor, Central University of Jammu (Convener), and other committee members.\\u003c/p\\u003e\\n\\u003cp\\u003e\\u003cstrong\\u003eInformed consent statement and adherence to ethical guidelines\\u003c/strong\\u003e\\u003c/p\\u003e\\n\\u003cp\\u003eThis study employs non-interventional research methodologies, including interviews and focus group discussions (FGDs). All participants were thoroughly briefed on the research objectives, and the utilization of their data, and assured of complete anonymity and confidentiality. They were also informed about any potential risks associated with their participation. As part of the ethical protocol, oral informed consent was obtained from all participants before their involvement in the study. The research was conducted in strict accordance with institutional guidelines and relevant ethical regulations.\\u003c/p\\u003e\\n\\u003cp\\u003e\\u003cstrong\\u003eAuthors Contribution\\u003c/strong\\u003e\\u003c/p\\u003e\\n\\u003cp\\u003eRS developed the conceptual and analytical frame for the study. JS collected the data and prepared the first draft. RS and JS collectively worked to finalise this paper to its final shape.\\u003c/p\\u003e\"},{\"header\":\"References\",\"content\":\"\\u003col\\u003e\\u003cli\\u003e\\u003cspan\\u003eAina AD, Kulshrestha P (2018) Sexual harassment in educational institutions in Delhi\\u0026rsquo; NCR (India): Level of awareness, perception and experience. Sexuality Culture: Interdisciplinary Q 22(1):106\\u0026ndash;126\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eAnnapurany K (2016) A prospective study of feminism waves, phases, issues and critical analysis. Int J Appl Res 2(5):424\\u0026ndash;426\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eBukhari S, Sharma B (2014) Workplace Gender Diversity and Inclusive Growth in Public and Private Organizations. Indian J Industrial Relations: Econ Social Dev 49(3):551\\u0026ndash;563\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eDubey S, Verma T, Lata S, Bharti T, Tavrej S, Schan K, Kashyap P, Gautam N (2021) Perception of students regarding sexual harassment. Int J Community Med Public Health 8(3):257\\u0026ndash;1261\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eHimabindu BL, Arora R, Prashanth NS (2014) Whose problem is it anyway? Crimes against women in India. Global Health Action 7(1):1\\u0026ndash;6\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eKelley ML, Parsons B (2000) Sexual Harassment in the 1990s: A University-Wide Survey of Female Faculty, Administrators, Staff, and Students. J High Educ 71(5):548\\u0026ndash;568\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eMaypole DE, Skaine R (1983) Sexual Harassment in the Workplace. Soc Work 28(5):385\\u0026ndash;390\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eNCRB (2011) Crime in India, Ministry of Home Affairs. National Crime Records Bureau, Government of India\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eReena M, Saheab O (2014) Sexual harassment against women at educational institutions. Int Journals Sci Res 3(12):914\\u0026ndash;917\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eRao A, Kelleher D (2005) Is there life after gender mainstreaming? Gend Dev 13(2):57\\u0026ndash;69\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eSingh BD (2000) Issue of Sexual Harassment - A Legal Perspective. Indian J Industrial Relations 36(1):79\\u0026ndash;91\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eSheba Tejani (2004) Sexual Harassment at the Workplace: Emerging Problems and Debates. Economic Political Wkly 39(41):4491\\u0026ndash;4494\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eSrivastava SC (2004) Sexual Harassment of Women at Work Place: Law and Policy. Indian J Industrial Relations 39(3):364\\u0026ndash;390\\u003c/span\\u003e\\u003c/li\\u003e \\u003cli\\u003e\\u003cspan\\u003eWorld Bank (2001) World Development Report 2000/2001: Attacking Poverty. World Development Report. Oxford University., New York. \\u003cspan class=\\\"ExternalRef\\\"\\u003e\\u003cspan class=\\\"RefSource\\\"\\u003ehttp://hdl.handle.net/10986/11856RESS\\u003c/span\\u003e\\u003cspan address=\\\"http://hdl.handle.net/10986/11856RESS\\\" targettype=\\\"URL\\\" class=\\\"RefTarget\\\"\\u003e\\u003c/span\\u003e\\u003c/span\\u003e\\u003c/span\\u003e\\u003c/li\\u003e \\u003c/ol\\u003e\"}],\"fulltextSource\":\"\",\"fullText\":\"\",\"funders\":[],\"hasAdminPriorityOnWorkflow\":false,\"hasManuscriptDocX\":true,\"hasOptedInToPreprint\":true,\"hasPassedJournalQc\":\"\",\"hasAnyPriority\":false,\"hideJournal\":true,\"highlight\":\"\",\"institution\":\"\",\"isAcceptedByJournal\":false,\"isAuthorSuppliedPdf\":false,\"isDeskRejected\":\"\",\"isHiddenFromSearch\":false,\"isInQc\":false,\"isInWorkflow\":false,\"isPdf\":false,\"isPdfUpToDate\":true,\"isWithdrawnOrRetracted\":false,\"journal\":{\"display\":true,\"email\":\"info@researchsquare.com\",\"identity\":\"researchsquare\",\"isNatureJournal\":false,\"hasQc\":true,\"allowDirectSubmit\":true,\"externalIdentity\":\"\",\"sideBox\":\"\",\"snPcode\":\"\",\"submissionUrl\":\"/submission\",\"title\":\"Research Square\",\"twitterHandle\":\"researchsquare\",\"acdcEnabled\":true,\"dfaEnabled\":false,\"editorialSystem\":\"\",\"reportingPortfolio\":\"\",\"inReviewEnabled\":false,\"inReviewRevisionsEnabled\":true},\"keywords\":\"Sexual Harassment at Workplace, Redressal Mechanism, Internal Complaint Committee, Visakha Guideline, POSH (Prevention of Sexual Harassment)\",\"lastPublishedDoi\":\"10.21203/rs.3.rs-5911063/v1\",\"lastPublishedDoiUrl\":\"https://doi.org/10.21203/rs.3.rs-5911063/v1\",\"license\":{\"name\":\"CC BY 4.0\",\"url\":\"https://creativecommons.org/licenses/by/4.0/\"},\"manuscriptAbstract\":\"\\u003cp\\u003eWomen face various forms of discrimination as well as harassment, some of which is sexually oriented and directly impact the dignity and identity of women. In contemporary era when women are entering to all unconventional work profiles, proactive measures are needed more than ever to safeguard against such harassment.\\u003c/p\\u003e \\u003cp\\u003eThis study made an assessment for stakeholder\\u0026rsquo;s awareness, procedural ramification and Internal Complaint Committee\\u0026rsquo;s (ICC) functioning in an Indian University, through qualitative approach. A SWOT analysis was done for institutional redressal mechanism against sexual harassment.\\u003c/p\\u003e \\u003cp\\u003eStudy revealed that ICC is lacking in the areas where institution can play significant supportive roles. Overall, the biggest concern emerged about the compromised autonomy of the ICC.\\u003c/p\\u003e\",\"manuscriptTitle\":\"Redressal Mechanisms Against Sexual Harassment in an Indian University: A SWOT Analysis\",\"msid\":\"\",\"msnumber\":\"\",\"nonDraftVersions\":[{\"code\":1,\"date\":\"2025-02-24 08:24:51\",\"doi\":\"10.21203/rs.3.rs-5911063/v1\",\"editorialEvents\":[{\"type\":\"communityComments\",\"content\":0}],\"status\":\"published\",\"journal\":{\"display\":true,\"email\":\"info@researchsquare.com\",\"identity\":\"researchsquare\",\"isNatureJournal\":false,\"hasQc\":true,\"allowDirectSubmit\":true,\"externalIdentity\":\"\",\"sideBox\":\"\",\"snPcode\":\"\",\"submissionUrl\":\"/submission\",\"title\":\"Research Square\",\"twitterHandle\":\"researchsquare\",\"acdcEnabled\":true,\"dfaEnabled\":false,\"editorialSystem\":\"\",\"reportingPortfolio\":\"\",\"inReviewEnabled\":false,\"inReviewRevisionsEnabled\":true}}],\"origin\":\"\",\"ownerIdentity\":\"1c3ffb24-f03c-45f1-be90-87b47a060ef2\",\"owner\":[],\"postedDate\":\"February 24th, 2025\",\"published\":true,\"recentEditorialEvents\":[],\"rejectedJournal\":[],\"revision\":\"\",\"amendment\":\"\",\"status\":\"posted\",\"subjectAreas\":[{\"id\":44768031,\"name\":\"Social science/Development studies\"},{\"id\":44768032,\"name\":\"Social science/Social policy\"},{\"id\":44768033,\"name\":\"Social science/Sociology\"}],\"tags\":[],\"updatedAt\":\"2026-02-19T17:53:48+00:00\",\"versionOfRecord\":[],\"versionCreatedAt\":\"2025-02-24 08:24:51\",\"video\":\"\",\"vorDoi\":\"\",\"vorDoiUrl\":\"\",\"workflowStages\":[]},\"version\":\"v1\",\"identity\":\"rs-5911063\",\"journalConfig\":\"researchsquare\"},\"__N_SSP\":true},\"page\":\"/article/[identity]/[[...version]]\",\"query\":{\"redirect\":\"/article/rs-5911063\",\"identity\":\"rs-5911063\",\"version\":[\"v1\"]},\"buildId\":\"8U1c8b4HqxoKbykW_rLl7\",\"isFallback\":false,\"isExperimentalCompile\":false,\"dynamicIds\":[84888],\"gssp\":true,\"scriptLoader\":[]}","source_license":"CC-BY-4.0","license_restricted":false}