ABOUT THE AUTHOR
This article is written by Nandana Vinu. She is currently a final year student doing her B.Com LL.B Degree from Government Law College, Ernakulam. She is also an editor trainee of ljrfvoice.com
INTRODUCTION
Sexual Harassment is a huge concern within Indian hospitals and educational institutions with serious risks to the safety, dignity, and future development of the victim. Sexual harassment is common in Indian hospitals and educational institutions, violating the right to a safe and secure place to work. POSH Act, 2013, was developed to create a legislative protection to the prevention and redressal of sexual harassment in organizations such as schools, universities, and hospitals.In spite of the legislation, people continue to be affected by sexual harassment because of weak application of the law, ignorance, and weak institutional practices.
According to various reports, cases of sexual misconduct are increasing, even in health and education organizations.Schools should be institutions of knowledge and self-improvement, but they do not offer protection to students and teachers against gender violence. Most sexual harassment complaints are lodged annually but remain unpunished due to the lack of interest on the administrative side, a report by University Grants Commission reveals. Similarly, the service-based profession of nursing has witnessed a series of shocking incidents of harassment of women healthcare professionals, nurses, and physicians by colleagues, seniors, and even patients in the form of harassment. Official statistics released by the National Crime Records Bureau (NCRB) show that hospital workplace harassment cases for the past five years have increased, and the victims are reported to be the nurses.
This article offers the extent of sexual harassment in school and health facilities, the naked problems, sensationalized instances, and legislating provisions, and offers suggestions for promoting an environment of no harassment in school and health facilities. Though discussing enforcement of the law, institutional response, and prevention measures, this article indicates the necessity for immediate structural and systemic change to decrease sexual harassment.
SEXUAL HARASSMENT IN SCHOOL FACILITIES
Educational institutions of all type’s – school, college and university – are places that ought to be considered safe environments for students to learn academically and professionally. However, given that sexual harassment is a continued pervasive problem even in educational settings, sexual harassment remains an issue that students deal with. According to the 2022-23 UGC, there were 378 sexual harassment cases that occurred at 238 universities across India and that shows how omnipresent it is. There is often a fear of retaliation by the institution or no trust in the institution’s redress process which results in students not talking about their experiences. Survivors must have confidence that if they chose to come forward the institution will indeed serve them justice, so that sexual harassment will not continue to happen or go unreported. Articles in The Indian Express (2024) detail that even elite institutions such as Joshi Tiwari University (JNU) and Delhi University (DU) experienced an uptick in sexual harassment cases, many of which are still pending because of bureaucratic delays.
The problem is compounded by student and structural ignorance of individual rights embodied in the POSH Act and institutional guidelines. Students and staff members often encounter roadblocks attempting to establish contact to report incidents, including unsympathetic authorities and unclear procedures. A culture of silence and stigma allows perpetrators to evade accountability. And there is also a need for gender sensitivity programs and trainings among university faculty, administrative staff, and students to promote respectful interpersonal relationships and to facilitate early recognition of any form of misconduct.
Research conducted by international institutions like the University of Gothenburg and domestic policy think tanks show that violence initiated by gender often exists within academic institutional power structures and deficient grievance redressal processes. There continues to be serious barriers to access justice due to a lack of low-threshold complaints processes which are safe, anonymous, and easy to access and maintain.
Notable Case : In April 2024, Delhi University witnessed one such case when a non-academic staff employee was terminated after being charged with sexual harassment by a student of the Central Institute of Education. The case exposed loopholes in Delhi University’s sexual misconduct policy and the requirement for strict measures to protect teachers and students. Once more in 2023, a professor at Banaras Hindu University (BHU) was suspended on charges of misconduct by a few women students who attended research lectures. The incident prompted demands for stricter institutional procedures.
Implementation Challenges : In spite of UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, and POSH guidelines, ICCs in universities are hardly operational. The research in the University of Gothenburg showed that gender violence is systematically overlooked in Indian higher education, and victims are confronted with institutional indifference. Lack of trained personnel, tardy investigation, and reporting stigma is not at all desirable. Hindustan Times (2024) news reported that in some of the universities, ICCs were on paper and victims were coerced into withdrawal of their cases so that these won’t jeopardize institutions’ reputation.
SEXUAL HARASSMENT IN HEALTH CARE SETTINGS
Sexual harassment in health care includes many behaviours besides the obvious act of harassment, including inappropriate comments and other activities, as well as psychological pressure and intimidation that can harm the psychological and emotional state of the subject patient.The rigorous nature of the environment and power dynamics in hierarchical settings, which may discourage either junior or female staff members from reporting an inappropriate event or behaviour, distinguish healthcare institutions from regular employment conditions.
This is especially true for junior doctors, interns, and female nurses who often work longer hours, night shifts, and experience the unique absence of supervision in designated areas of hospitals. Many private and public hospitals do not have a defined and/or visible process for staff to report these kinds of inappropriate incidents. When processes are available, victims may experience various forms of stigma, fear of losing their jobs, and fear of retaliation which prevents them from proceeding with complaints.
In addition, patients and relatives, especially in emergency and psychiatric departments, have also been denounced as perpetrators of verbal or physical assault, which creates difficulties in resolving cases legally. In a study done by the Journal of the Indian Medical Ethics in 2021, many healthcare workers, particularly in small towns and rural areas, report feeling alone and unsupported when confronted with harassment and will either absorb the effects of harassment (silent resignation) or ask for a transfer, rather than filed a formal complaint.
Work culture in hospitals typically lacks gender awareness training or proactive awareness-raising, resulting in casual sexism and inappropriate jokes being normalized. Fear of negative publicity and institutional reputation often encourages the institutional response to downplay or dismiss complaints as well. Private hospitals often have modern facilities but fail to comply with statutory requirements such as the establishment of Internal Complaints Committees (ICCs) which leaves victims without any formal means of redress.Typically regarded as a zone of trust and support, the healthcare sector sadly also harbors a lot of instances of sexual harassment. Female staff often deal with sexual harassment from medical staff, medical students or patients. The rarity of oversight and accountability makes reporting or action in these situations difficult.
Notable Cases :There was a horrific August 2024 attack on R.G. Kar Medical College and Hospital in Kolkatal where a 31-year-old trainee physician was raped and killed by a police volunteer on the medical campus of the hospital. The horrific crime led to nationwide protests and renewed calls for greater security in hospitals. A survey by the 2023 Indian Medical Association, where 76% of doctors and nurses declared they had encountered some kind of harassment throughout their working lives, verbal abuse and indecent touching being the most common complaints.
Implementation challenges:The National Medical Commission (NMC) mandated hospitals to establish ICCs in July 2023, but the response has been lukewarm. Hospitals are predominantly ICC-free or don’t have trained members, and hence victims cannot access justice. Hospital culture also dissuades subordinates from reporting harassment as they fear professional retaliation. The Hindu (2024) quoted junior nurses and interns working in government hospitals as remaining silent in fear of getting terminated or incurring a hostile work environment.
LEGAL FRAMEWORK FOR HANDLING SEXUAL HARASSMENT
The POSH Act, 2013 remains the primary legislative framework specifically addressing sexual harassment at workplaces. The Act requires Internal Complaints Committees (ICCs), time-bound investigations, and mandatory confidentiality provisions. The UGC Regulations, 2015, and The National Medical Commission (NMC) Directives, 2023, placed sector specific obligations on hospitals and universities to ensure compliance. Even with these legislative enactments, compliance is not guaranteed. There have been reports that in Gujarat alone, 6 out of 2,200 colleges submitted annual sexual harassment compliance reports, which indicate glaring compliance failures with the law. Low awareness and institutional resistance also dilute the effectiveness of the POSH Act.
CONCLUSION
Sexual harassment in educational institutions and health care sectors not only violates individual dignity and safety, it diminishes trust in these key public service sectors. The POSH Act and other regulations by sector, provide a strong legal basis, but implementation is patchy at best due to institution inertia, a lack of awareness, and victim fear of reprisal. A multi-faceted approach is required at every level policy reform, awareness campaigns, to reform how grievances are addressed.A cultural shift where zero tolerance becomes the norm, backed by proactive institutional policies, and legally enforced, is essential for the removal of harassment from these environments. It is only through systemic change, institutional responsibility and accountability that educational and health care institutions can be places of true equality, respect, and safety.
REFERENCES
1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.Ministry of Law and Justice, Government of India.[https://legislative.gov.in/sites/default/files/A2013-14.pdf](https://legislative.gov.in/sites/default/files/A2013-14.pdf)
2. UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees andStudents in Higher Educational Institutions) Regulations, 2015. University Grants Commission.[https://www.ugc.gov.in/pdfnews/7203627\_UGCregulationsharassment.pdf(https://www.ugc.gov.in/pdfnews/7203627_UGC-regulations-harassment.pdf)
3. Sexual Harassment in Higher Educational Institutions. POSH at Work. Accessed April 2025. https://poshatwork.com/sexual-harassment-in-higher-educational-institutions
4. Addressing Sexual Misconduct in Higher Education Times Higher Education Campus. Accessed April 2025. https://www.timeshighereducation.com/campus/addressing-sexual-misconduct-higher-education-part
5. Sexual Harassment in the Indian Healthcare Sector Rainmaker. Accessed April 2025. https://rainmaker.co.in/sexual-harassment-in-the-indian-healthcare-sector/
6. R.G. Kar Medical College Casel Reported in The Times of India and The Indian Express, August 2024.
7. Indian Medical Association Survey on Harassment, 2023. Indian Medical Association (IMA) Annual Health Report.
8. Indian Journal of Medical Ethics, 2021. Study on Gender-Based Violence in Healthcare Settings.
9. National Crime Records Bureau (NCRB) Reports Workplace Harassment Data, 2020–2024.
10. The Hindu, 2024. “Lack of ICCs in Government Hospitals,” April 2024 edition.
11. The Indian Express, 2024. “Rising Complaints of Sexual Harassment in Delhi University and JNU, ” February 2024.
