This is the first article in the user series by Jhatkaa on YKA called ‘Over Due Process’, where we aim to dissect the importance of the Internal Complaints Committee in colleges. You can read the rest of the articles here.
Recently, there have been numerous cases of sexual harassment within colleges and universities which have more often than not garnered lackadaisical responses from the administration. So-called ‘prestigious’ colleges like Christ (Deemed-to-be) University in Bangalore has been under the radar for a long time due to the careless way they have tackled sexual harassment cases on campus.
SN College, too, reportedly suspended the students who stood up against sexual harassment. One can only wonder how easily lesser-known colleges under lesser scrutiny can neglect student safety without facing any consequences.
This is why the Internal Complaints Committee (ICC) is a crucial redressal mechanism for student safety within colleges. According to the Sexual Harassment Of Women At Workplace [Prevention, Prohibition, and Redressal] or PoSH Act, a higher education institution comes under its purview. The University Grants Commission (UGC) has laid out a mandate for all universities to create an ICC compulsorily.
Why Do We Urgently Need Unbiased, Accessible ICCs?
A 2018 UGC report states that only 95 out of 188 colleges have a functioning ICC. This worrying data indicates that almost half of the colleges surveyed did not even fulfil the primary requirement of constituting an ICC.
According to the UGC regulations, an ICC must have a presiding officer who is a senior faculty member, and a woman apart from two faculty members, two non-teaching faculty members, three student representatives and an external member who has been actively working in the social sector for the welfare of women. Moreover, at least 50% of the members should be women, and senior faculty members such as Chancellors, Deans or Registrars, among others, cannot be part of the ICC. But do colleges adequately follow these mandates?
Recently, at SN College, Kerala, six students came out with their experiences of sexual harassment against assistant professor T Abhilash from the Department of Political Science. However, instead of providing support to the students, the college reportedly suspended or transferred faculty members who stood with the survivors. Sources from SN College reported that the ICC investigation was biased, given that one of the ICC members was allegedly a friend of the accuser’s supporters.
Despite the UGC mandates, in many cases, the imperative to follow them only exists on paper. The glaring rape culture that leads to suspicion towards the survivors instead of holding the aggressor accountable creates a bind for students who are sceptical of speaking out about their experiences.
The presence of well-functioning ICCs offers a fair chance to students to come out with their complaints in a non-judgemental and safe space. Without active systems that take up these legal reigns, the students are left feeling helpless and unsafe within their campus.
Are Students Aware Of How ICCs Function?
While the UGC guidelines also layout that students and employees must be given adequate information about the presence of the ICC, more often than not, students are unaware of the same.
In an article on the Indian Express, a student from North Bengal University says, “When we raised the demand of GSCASH [Gender Sensitization Committee Against Sexual Harassment] after a harassment case in 2015, the Vice-Chancellor shut us up by saying that there is an ICC in the university. Till then, not a single student had any idea about it. We were shocked to know that a body like ICC exists in our university.”
Similarly, in the recent allegations against SN College’s biased investigation, many students have claimed that they were unaware of an ICC on campus. Students are often left clueless about the protocol and the support ICCs should offer due to a lack of information about accessing them. This works in the favour of colleges that value their reputation over students’ safety.
Importance Of Fair Elections To The ICC
There exists a blatant power imbalance between professors and students in colleges. Hence, in cases of sexual harassment, it becomes doubly essential for students to have access to a committee where they can find easily approachable representatives.
In an article talking about the importance of having elected student representatives to the ICC, a student from Miranda House says, “What is a university without its students?”
Due to a lack of awareness of the ICCs, many students may have felt threatened even to report specific instances. Having student representatives within a report filing mechanism gives fellow students more confidence and validation that they otherwise would not have been able to find. While the presence of support systems in Women’s Development Cells or Queer Collectives provides a safety net where students feel empowered, a fairly elected ICC ensures formal redressal where students can reach out for justice – and does so on the record.
Can Workshops Raise Awareness About ICCs And The POSH Law?
Workshops help establish what kind of behaviour constitutes sexual harassment. Students are often unaware or confused about microaggressions that are also harassing behaviours like sexually laden jokes or comments on appearances. Moreover, the workshops also help students understand what the ICC is and how it can help them if they have any grievances they want to report.
One of Jhatkaa.org’s workshop attendees from Gauhati University says, “To be honest, I didn’t have any idea before about the committee that we have on our campus, where we can reach out. After doing the PoSH Law Workshop, I feel confident to raise my voice if needed. I want to recommend others also to attend this kind of workshop.”
They can be spaces that help students raise questions and exchange experiences in a safe environment. They can even foster a sense of solidarity and support among survivors.
Conclusion
While many students are now coming out with their grievances against faculty members or students on campus, many are still apprehensive about reaching out to the ICC. The UGC report stated a 50% increase in sexual harassment cases from 2016 and 2017. While this can indicate that more students are coming forth with their accusations, it is also worrisome to think about students who do not have the support to reach out to the ICC. Why must a college campus, which is supposed to be a sphere of growth and learning, be this threatening and fearful?
Moreover, the repealing of Ordinance 15(D) has also slated out that the ICC can no longer be gender-neutral. This creates more room for marginalised gender groups like non-binary or transgender students to face triggering conversations regarding their gender identity if they report a complaint.
The only way forward to make the ICCs truly effective is to create more awareness and support around the discourse of sexual harassment in colleges. Workshops, training programs, and manuals that aim to explain and educate students and faculty members about how the ICC functions are an essential step forward. College administrators must make a proactive effort to not only have the ICC mandates laid out on paper but have it functioning on-ground to create a safer college campus for students.