Safeguarding Dignity Where Learning Begins
Education is meant to shape not only minds but also values — respect, equality, and safety.
Yet, in recent years, incidents of sexual harassment in schools, colleges, and universities have reminded us that even places of learning are not immune to misconduct or power abuse.
This is where the POSH Act, 2013 (Prevention of Sexual Harassment of Women at Workplace – Prevention, Prohibition and Redressal Act) steps in as both a shield and a mirror for our educational system.
1. Are Educational Institutions Covered Under the POSH Act?
Yes — absolutely.
Section 2(o) of the Act defines “workplace” to include any educational institution, whether government or private, school, college, training centre, or university.
This includes both teaching and non-teaching staff, students, research scholars, and even visitors.
In 2014, the University Grants Commission (UGC) made it mandatory for all universities and affiliated colleges to comply with the POSH Act by setting up an Internal Complaints Committee (ICC).
In schools, similar provisions apply under CBSE, State Boards, and education departments, requiring each school to have a designated Internal Committee or Local Committee to handle complaints confidentially and sensitively.
2. Why POSH Matters in Educational Spaces
A classroom or campus is not just a workplace; it’s a place of trust. Teachers hold authority, students look up to them, and boundaries of respect must be clearly defined.
Harassment in such spaces not only causes emotional trauma but also breaks the foundation of safe learning.
Common contexts where POSH applies in education include:
• Harassment or inappropriate behaviour by faculty towards students or colleagues.
• Comments, gestures, or messages made during classes, labs, or online learning platforms.
• Misconduct during study tours, sports events, or research supervision.
• Harassment through social media or digital communication related to academics.
The law views all such incidents as violations of the right to dignity and equality guaranteed under Articles 14, 15, and 21 of the Constitution.
3. Responsibilities of Educational Institutions
Every educational institution must:
1. Form an Internal Complaints Committee (ICC)
? Headed by a senior woman faculty member as Presiding Officer.
? Include at least one external member from an NGO or legal background.
? Ensure gender balance and neutrality in proceedings.
2. Conduct Awareness and Sensitisation
? Organise POSH workshops for staff and students.
? Display posters about rights, reporting mechanisms, and ICC details.
3. Ensure Confidential Inquiry
? Handle complaints privately and fairly, without bias or retaliation.
4. Submit Annual Reports
? Institutions must file compliance reports to their governing body (UGC, Board, or District Officer).
4. Judicial Reinforcement
Courts in India have strongly upheld the POSH Act’s application to educational institutions.
In Dr. Punita K. Sodhi v. Union of India (2010), the Delhi High Court stressed that sexual harassment in universities or schools violates constitutional rights and must be addressed through internal mechanisms.
In University of Delhi v. Prof. A. N. Rai (2019), the Court observed that ICCs in educational spaces must act with both empathy and discipline, treating students’ complaints with utmost seriousness.
5. The Real Meaning of Compliance
Compliance is not just about forming a committee or filing a report; it’s about creating a culture of respect.
It’s about ensuring that no student fears raising her voice, and no teacher misuses their position.
A truly POSH-compliant institution is one where safety becomes invisible because it’s instinctive.
6. Way Forward
As India moves towards a more inclusive education system, the POSH Act’s reach must go beyond paperwork.
Regular sensitisation drives, student-friendly reporting channels, and periodic review of ICC functioning can help prevent incidents before they occur.
With the rise of digital classrooms, hybrid learning, and online interactions, institutions must also extend their policy to cover cyber harassment, ensuring the same respect applies online as in physical spaces.
Conclusion
The POSH Act reminds us that education and safety must coexist.
For students, dignity is as important as a degree.
For teachers, respect is the highest form of influence.
When every campus becomes a safe space, where voices are heard, complaints are handled with care, and respect becomes habit, then we truly honour what the POSH Act stands for: A nation where learning is free from fear, and every mind can grow in peace.
Note: The POSH Act, 2013 officially uses the term Internal Committee (IC) instead of the earlier term Internal Complaints Committee (ICC) mentioned in the Vishaka Guidelines. Both terms refer to the same body responsible for addressing sexual harassment cases at the workplace.