Abstract: Sexual harassment of women in educational institutions remains a pervasive and deeply entrenched issue that not only violates constitutional rights but also undermines the academic and personal growth of students. This paper critically examines the prevalence, forms, and impact of sexual harassment within educational spaces, emphasizing how it infringes on the fundamental rights to equality, dignity, and personal liberty guaranteed under Articles 14, 15, and 21 of the Indian Constitution. Despite progressive legal developments such as the Vishakha Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, implementation within academic institutions remains inconsistent and often ineffective.
This research highlights the institutional failures, lack of support systems, and the culture of silence that deters victims from reporting incidents. The paper explores the psychological, social, academic, and physical consequences faced by victims, along with the erosion of trust in institutional mechanisms. It further critiques the limited functionality of Internal Complaints Committees, inadequate awareness programs, and the absence of gender-sensitive approaches in higher education spaces. The role of the judiciary in shaping institutional responsibility is also analyzed, emphasizing the need for proactive judicial and administrative action.
The authors want to emphasize that addressing sexual harassment in educational institutions requires more than legal compliance; it demands a shift in institutional culture, administrative will, and collective societal effort which provides safe and inclusive spaces where women can pursue education free from fear, discrimination, and harassment and thus upholding the constitutional vision of equality and justice.
Keywords: Sexual Harassment, Institutional Accountability, Constitutional Equality
1.Introduction
Sexual harassment of women is a critical issue that continues to affect educational institutions, workplaces, and other domains of society. In educational institutions, which are meant to foster learning and personal development, the prevalence of sexual harassment is particularly concerning, as it undermines the basic right of students to learn in a safe and respectful environment.
Sexual harassment includes non-consensual actions or behavior, which could involve physical contact, verbal abuse, or visual harassment. This conduct violates someone’s dignity by fostering an atmosphere that is frightening, hostile, or offensive. Such harassment in educational institutions impacts not just the victim but also the learning environment as a whole. It discourages students from freely participating in academic activities, limiting their intellectual growth, and leading to a diminished quality of life for those affected. Additionally, sexual harassment can have long-term psychological, emotional, and financial consequences for the victims, further complicating the educational experience.
The historic Vishakha v. State of Rajasthan[1] case in 19971 brought sexual harassment to the attention of Indian society. In this case, the Indian Supreme Court acknowledged that sexual harassment violates women’s constitutional rights to equality and dignity. This decision laid the groundwork for the development of safeguards against harassment of women in the workplace, especially in educational institutions. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 later included the criteria established by the judgment for handling sexual harassment allegations. These legal developments significantly altered the landscape, but the challenge of ensuring that institutions adhere to these provisions remains.
[1] Vishakha v. State of Rajasthan, AIR 1997 SC 3011