Sexual Harassment of Women in Higher Academia: A Study with Special Reference to Teacher–Student Relation

Published date01 July 2023
DOIhttp://doi.org/10.1177/23220058231161271
AuthorPraveen Mishra,Sonam Yangchen Bhutia
Date01 July 2023
Subject MatterArticles
Sexual Harassment of Women
in Higher Academia: A Study
with Special Reference to
TeacherStudent Relation
Praveen Mishra1 and Sonam Yangchen Bhutia1
Abstract
Sexual harassment is one of the major challenges in academia in India and abroad. It has been manifested
in various forms such as physical, verbal and non-verbal harassment. At times the issue of sexual harass-
ment goes unreported and where it is reported, to what extent it is addressed and how effectively it is
handled by the authorities responsible to prevent the same is an issue of concern. The paper explores
through case studies, the nature and magnitude of sexual harassment in institutions imparting higher
education. It attempts to understand the nature of sexual harassment of women in such institutions and
to find the legal and procedural mechanism to prevent and control sexual harassment of students and
employees in academia. The paper argues that the law on prevention of sexual harassment of women
in the workplace has various gaps which need to be addressed for doing justice to the complainant
and accused of sexual harassment. The paper attempts to provide suggestions for dealing with the
deficiencies of the Act of 2013 and the rules made under it. The research methodology applied in this
research is primarily doctrinal and is based on secondary sources such as research papers, case studies,
case comments, reports, commentaries, media reporting, books, human rights instruments and judicial
decisions. The researchers have made a case study of 30 cases, and 15 representative cases have been
incorporated into the present study.
Sexual Harassment of Women at Workplace: An Overview
The issue of sexual harassment of women in the workplace in general and higher academia, in particular,
has become a matter of concern.2 It has reached alarming proportions.3 The majority of existing research
1 Department of Law, Sikkim University, Tadong, East Sikkim, Gangtok, Sikkim, India.
2 MadhuMeeta Sinha, Starting with gender in international higher education reSearch, 179–96 (Routledge 2018).
3 Anamika Sinha & Fredrik Bondestam, Moving Beyond Bureaucratic Grey Zones. Managing Sexual Harassment in India Higher
Education, 84 higher education 469–85 (2022).
Article
Asian Journal of Legal Education
10(2) 204–216, 2023
© 2023 The West Bengal National
University of Juridical Sciences
Article reuse guidelines:
in.sagepub.com/journals-permissions-india
DOI: 10.1177/23220058231161271
journals.sagepub.com/home/ale
Corresponding author:
Sonam Yangchen Bhutia, Assistant Professor, Department of Law, Sikkim University, Tadong 737102, Gangtok,
Sikkim, India.
E-mail: syangchenb.su@gmail.com

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