Report of the SFI All India Convention on Gender Justice and Equal Rights held at Kolkata on December 13, 2024
Under the BJP regime, gender-based crimes and sexual harassment on campuses have garnered nationwide attention, highlighting systemic issues in India’s educational institutions. At Banaras Hindu University (BHU) in 2017, a female student was harassed, sparking widespread protests after authorities dismissed her complaint and blamed her attire. Similarly, at the Indian Institute of Technology (IIT) Kharagpur, multiple reports of sexual harassment and inappropriate behavior by faculty and staff surfaced, exposing gaps in accountability mechanisms.
Cases of sexual harassment have also emerged at institutions like Jawaharlal Nehru University (JNU) and Delhi University, where survivors have often faced institutional apathy and delayed justice. Internal Complaints Committees (ICCs), mandated to address such issues, have frequently been ineffective due to bureaucratic delays and bias.
Many critics are of the view that the BJP regime’s ideological control over academic spaces has suppressed voices advocating for gender justice, fostering an environment where harassment persists unchecked, undermining student safety and rights. It is a sheer obstruction to the development of a progressive society of equality for all. The fight for equality of all needs to be strengthened upholding the rights of the population as a whole.
Gender Sensitization: A Collective Responsibility Toward an Inclusive Future
In the ever-evolving social fabric of our society, the discourse around gender and its associated dynamics occupies a pivotal place. The development of institutional mechanisms such as the Gender Sensitization Committee Against Sexual Harassment (GSCASH) and the Internal Complaints Committee (ICC) marks a watershed moment in addressing issues of gender equity and safety in educational and workplace ecosystems. However, these frameworks also invite deeper inquiry into their composition, functioning, and the broader cultural narratives they represent.
The Conceptual Foundations of Gender Sensitization
Gender sensitization is not merely a procedural or administrative concern; it is a cultural and ethical imperative. It involves fostering awareness about gender roles, biases, and stereotypes that perpetuate inequities. A society that actively works to deconstruct these rigid binaries not only ensures equity but also enriches its social and intellectual capital.
The Broader Implications of Gender Sensitization
Gender is not merely a biological construct but a social phenomenon shaped by history, culture, and power dynamics. Sensitization, therefore, must extend beyond institutional mechanisms to encompass societal attitudes, language, and everyday practices.
Transforming Educational Spaces
Universities and colleges are not just centers of learning but also microcosms of society. They play a crucial role in shaping progressive gender narratives. Introducing curricula that engage with feminist theory, queer studies, and intersectionality can foster a more nuanced understanding of gender. Additionally, regular workshops, seminars, and campaigns on gender sensitivity can dismantle entrenched biases among students and staff alike.
The Role of Media and Technology
In an era dominated by digital platforms, the media wields immense influence over gender perceptions. From cinema to social media, representations of gender can either reinforce stereotypes or challenge them. Institutions must collaborate with media and tech industries to promote responsible content creation and amplify marginalized voices.
Legal and Policy Frameworks
While laws like the Workplace Act and guidelines like those of the Verma Committee have paved the way for structural reforms, their implementation requires rigorous monitoring. Policymakers must ensure that such frameworks are inclusive, transparent, and reflective of the evolving gender discourse.
What is Gender Sensitization Committee Against Sexual Harassment? (GSCASH)
The GSCASH was constituted by the Jawaharlal Nehru University, New Delhi through the notification issued on April, 16, 1999, on the recommendations of the Working Group on Sexual Harassment, headed by Prof. Karuna Chanana and subsequent revision by a broad based committee headed by Prof. Sudha Pai set up by the Vice Chancellor in 2014. The body implemented the Jawaharlal Nehru University Policy Against Sexual Harassment as also the guidelines laid down by the Hon’ble Supreme Court of india in the Vishaka vs. State of Rajasthan writ petition, Saksham guidelines by the UGC, JS Verma committee report and Work Place Act. Composition: GSCASH shall have a membership of twenty four persons, of which at least half the members shall be women.
The composition of these members is given below while the bodies, which shall elect or nominate these members are given in the next section.
(i) Two faculty members (at least one woman) specially elected to serve on GSCASH.
(ii) Two students (at least one woman) specially elected to serve on GSCASH.
(iii) One woman officer and one woman staff member specially elected to serve on GSCASH.
(iv) Two Wardens (at least one woman)
(v) One representative each of the Jawaharlal Nehru University Students’ Union (JNUSU), Jawaharlal Nehru University Teachers’ Association (JNUTA), Jawaharlal Nehru University Staff Association (JNUSA) and Jawaharlal Nehru University Officers’ Association (JNUOA).
(vi) One eminent woman academician from outside the University.
(vii) One woman representative of an NGO.
(viii) One woman counsellor.
The Process for Formation of GSCASH
(i) The election for the specially elected representatives of students, teachers, staff, and officers shall be conducted by an independent four member Election Committee set up by GSCASH . The nomination of the elected members (teachers, staff and students) shall be vested with the VC of the university from among the pool of elected representatives.
(ii) The representatives of the Wardens shall be chosen by the Wardens under Inter-Hall Administration (JNU) and will assume office by March each year.
(iii) The representatives of the Jawaharlal Nehru University Students’ Union, Jawaharlal Nehru University Teachers’ Association, Jawaharlal Nehru University Officers’ Association and Jawaharlal Nehru University Staff Association shall be nominated by the respective Executive Committees, and they will assume office with immediate effect.
(iv) GSCASH shall empanel a pool of counsellors, eminent women academicians, and NGOs, as defined in Section III. (v), (vi) and (ix), respectively. However, only one NGO representative, one eminent woman academician and one counsellor shall be invited by GSCASH to attend its meeting at one time.
(v) The panel of NGOs, eminent women academicians, and counsellors, shall be updated by GSCASH from time to time. GSCASH will strive to maintain continuity in the membership of third party members and counsellors on GSCASH. A decision to remove from the panel a serving or empanelled third party or counsellor shall only be taken in a Special meeting defined in Section V.10 (vi).
Tenure of the members:
Barring the third parties and the counsellor, the tenure of each member of GSCASH shall be twelve months from the date of assumption of office. Complaints Filing Process GSCASH provides for making complaint either in oral or writing. Provisions for Appeal GSCASH provides for a more detailed provision for an appeal if the complainant or defendant is dissatisfied with the disciplinary action taken by the University authorities, she/he shall have the right to appeal to an Appeals Committee. Appeals may be lodged with the University authorities. Moreover the GSCASH provides for that a faculty from the Centre for Women’s Studies, SSS, JNU or a female faculty who specializes in gender studies shall be part of the committee. No scope for conciliation Under the GSCASH, Enquiry Committee shall not, at any time in the enquiry proceedings, cause the defendant and the complainant and/or their witnesses to be placed face to face, or put in a situation where they may be face to face (e.g. they shall not be called at the same time and be made to wait in the same place), keeping strictly in view the need to protect the complainant from facing any serious health and/or safety problems, in accordance with the guidelines in the Supreme Court Judgement. Internal Complaints Committee (ICC) The ICC was set up under the University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 and Gazette notification of MHRD dated 2nd May, 2016 under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Why the ICC was problematic?
First and foremost gender specific rules characterise the ICC. The rules refer to the “aggrieved woman”. It creates confusion regarding gender neutrality of the victim and the perpetrator.
Composition of the ICC
a) A Presiding Officer who shall be a woman faculty member employed at a senior level (not below a Professor in case of a university, and not below an Associate Professor or Reader in case of a college) at the educational institution, nominated by the Executive Authority; Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section 2(o); Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organization;”
b) two faculty members and two non-teaching employees, preferably committed to the cause of women or who have had experience in social work or have legal knowledge, nominated by the Executive Authority;
(c) Three students, if the matter involves students, who shall be enrolled at the undergraduate, master’s, and research scholar levels respectively, elected through transparent democratic procedure.
(d) One member from amongst non-government organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, nominated by the Executive Authority. (Election of student members: The election of student representatives shall take place within six to eight weeks from the commencement of each academic year.
As per the Regulations one student member from each category i.e. Undergraduate, Masters and Research shall be elected to ICC. The election of the student members to ICC shall be conducted by the JNU administration in a transparent democratic manner. The entire process of student members’ election to ICC shall be completed within ONE week. A student member once elected to ICC shall not be eligible for re-election to ICC. The office bearers of JNUSU shall not be eligible for contesting election for ICC student membership. The student members of ICC shall also not be eligible to contest JNUSU elections.) Persons in senior administrative positions in the HEI, such as Vice- Chancellor, Pro Vice Chancellors, Rectors, Registrar, Deans, Heads of Departments, etc., shall not be members of ICCs in order to ensure autonomy of their functioning. Term: The term of office of the members of the ICC shall be for a period of three years . HEIs may also employ a system whereby one –third of the members of the ICC may change every year. The Member appointed amongst the non-governmental organizations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the Executive Authority as may be prescribed. Process of making complaint of sexual harassment: An aggrieved person is required to submit a written complaint to the ICC. Appeals: The ICC does not make specifications on the composition of the Appeals committee. Conciliation: 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 shall facilitate a 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. While we recognize the fact the ICC has been established on the basis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, it nevertheless gives the administration in the university an upperhand in handling issues of sexual harassment as compared to the autonomous body of the GSCASH– this is clearly evident in the very articulation of the rules and procedures of the ICC that give primacy to the HEI rather than the ICC itself.
A Call to Action
The journey toward a gender-sensitive society demands collective action across all strata. While frameworks like GSCASH and ICC offer valuable starting points, their effectiveness hinges on sustained dialogue, accountability, and community engagement.
As we navigate this complex terrain, we must remember that gender sensitization is not a one-time intervention but a continuous process. It requires unlearning age-old prejudices and embracing a culture of empathy, respect, and equity. Only then can we hope to build institutions—and by extension, a society—that is truly inclusive, diverse, and just.
Road Ahead:
1. Revival and Strengthening of GSCASH
• What to do: Reinstate or establish GSCASH as an independent, autonomous body to address complaints of sexual harassment. Ensure it has a democratic structure with elected student, staff, and faculty representatives.
• Why important: GSCASH provides a participatory and transparent grievance redressal system, fostering trust and ensuring survivor-centric resolutions. Unlike ICCs, GSCASH operates without administrative bias, promoting fairness.
2. Comprehensive Gender and Sexuality Sensitization Programs
• What to do: Conduct mandatory workshops, seminars, and awareness campaigns for all campus members on gender, consent, and LGBTQ+ issues. Incorporate experiential learning modules like role-playing and case studies.
• Why important: Sensitization dismantles deeply entrenched patriarchal and heteronormative biases, fostering a campus culture that respects diversity and challenges prejudice.
3. Anonymous and Accessible Reporting Mechanisms
• What to do: Implement user-friendly, tech-based anonymous reporting systems for sexual harassment and discrimination. Include mechanisms to track action on complaints transparently.
• Why important: Survivors often hesitate to come forward due to fear of retaliation or stigma. Anonymous systems lower barriers to reporting and ensure accountability.
4. Inclusive Campus Infrastructure
• What to do: Build gender-neutral restrooms, safe housing options for LGBTQ+ students, and accessible, secure transit systems. Improve campus lighting and install CCTV in public spaces.
• Why important: Physical infrastructure often reflects societal norms. Inclusive spaces signal institutional commitment to equality and ensure the safety of marginalized groups.
5. Integration of Gender and Sexuality Studies in Curricula
• What to do: Develop interdisciplinary courses on gender, sexuality, and intersectionality. Include discussions on the history and struggles of women and LGBTQ+ movements.
• Why important: Education drives awareness and empathy, helping students critically engage with societal structures that perpetuate oppression.
6. Dedicated Resource Centers
• What to do: Establish Gender and Sexuality Resource Centers offering counseling, legal aid, and safe spaces for discussion. These centers should collaborate with external experts and NGOs.
• Why important: Such centers provide essential support systems and enable students to seek help without fear of judgment, addressing both preventive and remedial aspects.
7. Diversity in Leadership and Representation
• What to do: Ensure proportional representation of women and LGBTQ+ individuals in decision-making bodies and campus committees. Mandate gender-diverse panels for academic and administrative events.
• Why important: Representation empowers marginalized communities, making policies more inclusive and ensuring that diverse voices shape institutional decisions.
8. Robust Anti-Bullying and Anti-Ragging Measures
• What to do: Expand anti-ragging committees to specifically address bullying and harassment targeting gender and sexual minorities. Introduce mentorship programs for vulnerable groups.
• Why important: LGBTQ+ students often face ostracization or bullying. Anti-ragging measures tailored to their needs can ensure psychological and physical safety.
9. Peer-Led Initiatives and Allyship Programs
• What to do: Encourage the formation of student-led gender and LGBTQ+ clubs. Train student allies to offer peer support and act as first responders.
• Why important: Peer-led initiatives build grassroots solidarity and foster a community of allies who can identify and challenge microaggressions and biases.
10. Regular Campus Safety Audits
• What to do: Conduct annual safety audits with active participation from women and LGBTQ+ students. Use the findings to implement targeted safety measures.
• Why important: Regular audits identify vulnerabilities in campus safety, enabling the institution to address them proactively and iteratively.
11. Accountability Through Data Transparency
• What to do: Publish anonymized reports on the number and resolution of harassment cases annually. Share progress on implemented safety measures.
• Why important: Transparency builds trust, holds institutions accountable, and reassures the campus community about the effectiveness of safety mechanisms.
12. Emergency Support Systems
• What to do: Set up 24/7 helplines, rapid response teams, and SOS apps for immediate support in emergencies.
• Why important: Quick response systems can prevent escalation of unsafe situations, offering immediate relief and security to survivors.
13. Collaborations with External Experts
• What to do: Partner with feminist and LGBTQ+ organizations for training, policy development, and support services.
• Why important: External collaborations bring specialized expertise and fresh perspectives, ensuring best practices in addressing complex issues.
14. Addressing Digital Harassment
• What to do: Develop policies to counter online harassment, cyberbullying, and doxxing. Train students and staff on digital safety.
• Why important: With the rise of online learning and social media, digital spaces have become new frontiers for harassment. Protecting students in these domains is critical.
15. Legal Literacy and Empowerment Programs
• What to do: Conduct workshops on legal rights related to gender and sexuality. Provide information on laws like the Transgender Persons (Protection of Rights) Act and the Sexual Harassment Act.
• Why important: Awareness of legal rights empowers students to demand justice and hold perpetrators accountable.
Let this be a clarion call for all stakeholders—educators, administrators, policymakers, and civil society—to rise above complacency and champion the cause of gender equity. For in doing so, we are not merely fulfilling a legal obligation but also nurturing a future where dignity, safety, and opportunity are universal rights, not privelages.