Examining the Sexual harassment policy in higher educational institutions of India

• In Event: Highlighted session: Gender-based violence within educational spaces: Policy, practice and lived experiences of students

Proposal

Sexual harassment understood as “as inappropriate sexual misconduct manifested through “(i) physical contact and advances; (ii) demand or request for sexual favors; (iii) sexually colored remarks; (v) showing pornography or (vi) any other unwelcome physical, verbal or non-verbal conduct of sexual nature” is not a recent phenomenon within Indian higher educational institutions (SHWW, 2013). However, the ubiquity of such misbehaviors was only recently exposed to the public. In addition to the threat of sexual harassment in college campuses, the response of educational institutions to such misbehaviors remains a grave concern.

In this paper, I examine the response of higher educational institutions (HEI) by analyzing the Sexual Harassment Policy- a mandatory compliance policy implemented in institutions across India. In 2015, the policy was widely implemented in educational institutions across India as a response to increasing cases of sexual misconduct. Although, the Sexual Harassment Policy was formulated with the intention of gender equality and presents a broad ranging definition of sexual harassment, its vision of addressing the issues of sexual harassment and gender equality within HEIs is limited. I use a feminist policy analysis framework to examine the conceptualization of sexual harassment and the construction of gender relations in the Sexual Harassment Policy of India. My analysis highlights that even though this legislation on sexual harassment enables a form of women’s empowerment by providing legal rights to report sexual misconduct in the educational institutions, it is inherently discriminatory and fosters unequal gender relations. I provide evidence to indicate that this policy is a symbolic legislation to ensure the participation of women in the workforce but is reluctant to make structural changes that would address unequal gender relations and sexual misconduct. Despite recognizing the pervasiveness of sexual harassment within HEIs, the policy provides less than basic legal intervention. More importantly, absence of a discourse around gender relations and power provides little protection for the rights of women in the workplace and therefore limits their process of empowerment. Similarly, a preventive and protective nature of the policy puts the burden on women to bear the legal and social burden to protect themselves against sexual harassment. This burden diminishes the preventive role of the educational institution in providing a safe and conducive learning environment for women.

Author

• Sheetal Digari, University of Minnesota