She Too: When Systems Fail Victims of Sexual Harassment

(Source: The Indian Express, Editorial Page)

Also Read: The Indian Express Editorial Analysis: 16 July 2025
Also Read: The Hindu Editorial Analysis: 16 July 2025

Topic: GS2 – Governance, Issues Related to Women and Justice GS1 – Social Issues: Gender and Vulnerable Sections GS4 – Ethics: Accountability and Institutional Responsibility

Context

A college student in Balasore, Odisha, committed suicide after accusing a professor of sexual harassment. Despite approaching the Internal Complaints Committee (ICC) and filing a police report, institutional inaction and lack of timely redress forced her into despair. The case reflects persistent gaps in enforcing the Prevention of Sexual Harassment (PoSH) Act, 2013, even after a decade of its enactment, and raises critical questions about institutional accountability and social justice.

Institutional Failure and Legal Framework

• The PoSH Act, 2013, was designed to ensure safe workplaces and educational institutions for women by mandating ICCs and clear redressal procedures. Yet, enforcement remains weak.

• The victim reported harassment formally, but complaints were met with bureaucratic delays and insensitivity, exposing systemic flaws.

• In 2023, the Supreme Court directed time-bound verification of compliance with PoSH norms, but poor implementation persists, leaving women vulnerable.

Why Complaints Still Fail

• Institutional Apathy: Many organizations treat PoSH compliance as a checklist formality rather than a moral and legal responsibility.

• Power Asymmetry: Perpetrators often hold influential positions, deterring victims from pursuing complaints due to fear of retaliation and stigma.

• Culture of Silence: Persistent societal stigma, victim-blaming, and lack of trust in mechanisms prevent women from speaking up effectively.

Broader Impact on Women’s Safety

• Inaction erodes trust in governance and judicial systems, discouraging others from reporting.

• The recurring pattern—seen during the #MeToo movement and cases like the 2023 wrestlers’ protest—highlights systemic failure across sectors, including education and sports.

• This undermines gender equality and reinforces socio-economic disadvantages for women.

Steps Taken So Far

• Mandatory Internal Committees in all organizations under PoSH.

• Supreme Court’s 2023 ruling for strict compliance audits.

• However, lack of monitoring, awareness, and enforcement limits these provisions’ effectiveness.

Gaps vs Proposed Solutions

Challenge	Proposed Measure
Lack of timely redress	Implement time-bound inquiry mechanisms with penalties for delays
Poor accountability of ICCs	Mandatory third-party audits and state-level supervisory bodies
Fear of retaliation	Whistleblower protection and victim anonymity in proceedings
Limited awareness	Intensive sensitization campaigns for faculty, students, and staff
Ethical failure in leadership	Promote ethical codes in institutions with direct accountability of heads for non-compliance

Way Forward

• Legal Reinforcement: Amend PoSH rules to include penalties for institutional non-compliance and reporting delays.

• Independent Oversight: Establish state-level gender safety authorities to monitor ICCs’ functioning.

• Cultural Transformation: Launch nationwide campaigns that normalize reporting and dismantle stigma.

• Integration with Governance: Make compliance a key criterion in accreditation of colleges and funding allocation.

Conclusion

The Balasore tragedy highlights a critical governance gap: legislation without effective implementation is meaningless. India must evolve from token compliance to proactive institutional accountability. Ensuring gender safety is not merely a legal duty—it is a cornerstone of ethical governance and constitutional morality.

Practice Question: (GS-2 | 15 Marks | 250 Words) “Despite the PoSH Act, 2013, systemic apathy continues to deny justice to victims of sexual harassment in India.” Discuss the reasons and suggest reforms to ensure effective enforcement.