Sexual Harassment Of Women A Universal Problem, Expression Of ‘Unhealthy Human Relationship’: Industrial Tribunal Issues POSH Guidelines For IIT Delhi

Observing that sexual harassment of women is a universal problem and an expression of “unhealthy human relationship”, an Industrial Tribunal of Delhi’s Rouse Avenue Courts has suggested and issued guidelines to prevent incidents of sexual harassment at Indian Institution Of Technology, Delhi.

Presiding Officer Ajay Goel said that while Protection of Women from Sexual Harassment at Workplace Act, 2013 (POSH law) is in place, creating a “greater awareness” of what constitutes bullying, harassment, unwanted sexual attention and behaviour is vital.

“Administrators and management must own the critical task of clearly articulating and communicating policies with consistent messaging on acceptable behaviour, norms on substance use and empower all students with information on reporting channels and the support available for anyone who might want guidance or counsel on matters of this nature,” the tribunal said.

It added that students must be made to understand the seriousness of the subject and the concept of “active consent in intimate relationships” and must be encouraged to build the “capacity and confidence to exercise active consent” and to report or seek help where required.

“Building up of a value based work culture is expected to be inherent in every educational establishment and there is need to set up a preventive measure and fair procedure to develop a better and reliable organizational culture in educational institutions, free from sexual harassment and exploitation,” the tribunal said.

It ordered the management of IIT Delhi to ensure that the mechanism for registering complaints is safe, accessible and sensitive. The management has been also asked to take cognizance of complaints about sexual harassment, conduct enquiries, provide assistance and redressal to the victims, recommend penalties and take action against the harasser, if necessary.

Further it should advise the competent authority to issue warnings or take the help of the law to stop the harasser, if the complainant consents, the tribunal added.

The management has also been directed to inform the students and staff about the sexual harassment guidelines, prominently display the same in the campus, hold workshops and seminars and publicly declare a “zero tolerance stance” towards sexual harassment.

The presiding officer said that sexual harassment is not just a violation of dignity, right to social security and right to equality guaranteed to human beings in every social system but is also a violation of the right to life and peaceful existence guaranteed by law.

“With the new law in India relating to safety of women in work place with all stringent provisions for awareness and preventive measures, every woman at the place of work and study, who fall within the jurisdiction of educational institution, including its academic, non-academic staff and students should be protected from sexual harassment, intimidation and exploitation while they are associated with the campus,” the tribunal said.

Furthermore, the tribunal said that there must be a provision to seek medical, police and legal intervention with the consent of the complainant and to make arrangements for appropriate psychological, emotional and physical support to the victim in IIT Delhi.

“There must be proper light and working CCTV cameras at different places so that there should be fear in mind of such person whoever dares to do such act. Further the routine inspection should be made on frequent basis to check whether the CCTV cameras installed are operational or not and if some cameras are not working, appropriate directions must be issued at once to get the same operational at an earliest,” the tribunal said.

It also said that the cabin or the rooms of the Professors should, as far as possible, be visible from outside so that there is no occasion of any harassment “to any single girl discussing her thesis with the Professor and feeling uncomfortable.”

The presiding officer also said that siren or panic buttons and CCTV should be installed in the rooms and proper lights should be installed at all the blind spots.

“It is expected by Tribunal that they will also follow the above guidelines in their organization/institute to prevent such incidents in future and the Tribunal expects that the compliance will be sent to this Tribunal within one month,” the tribunal said.

The guidelines were issued while hearing an appeal of a PHD student moved under section 18 of the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013. The woman accused an Associate Professor of sexual harassment.

While the presiding officer noted that there was a technical issue and the appeal was not maintainable as IIT Delhi is governed by CCS (CCA) Rules which state that the appeal against the decision of disciplinary authority has to be filed before Appellate Authority, he proceeded to decide the matter on merits.

“…this appeal is being decided on merits now because the appellant should not be thrown away now on this technical issue because this is choice of her advocate and she should not suffer for same, if she through her advocate has chosen the provision as per POSH Act,” the tribunal said.

 The tribunal upheld the penalty imposed on the professor by observing that it has severe effect on his career, is stigmatic and will affect his mental capabilities.

While dismissing the appeal, the court said that the ICC has already awarded appropriate quantum of punishment and rightly concluded the inquiry against the professor and thus, there was no error in recommending punishment through disciplinary authority.