POSH Act & UGC Regulations: A Shield of Dignity for Women Students

Raj Saraf
Sep 20
3 min read

When we think of the POSH Act, 2013 (Prevention of Sexual Harassment of Women at Workplace), the first image is often a corporate office or a government department. But here’s the truth: this Act is equally applicable to colleges and universities.

Every classroom, hostel, fest, or library is part of the “workplace” in the eyes of this law. That means women students are fully protected under POSH.

Why This Matters: From Campus Fear to Campus Freedom

A college campus is more than a study hub. It’s where young people grow, experiment, and shape their futures. But for many women, harassment casual remarks, stalking, inappropriate messaging, or abuse of power turns this space of learning into a zone of fear.

The Constitution of India guarantees dignity and equality (Articles 14, 15, 21). POSH enforces those guarantees.

In our civilizational ethos, it is said,

“Nari Tu Narayani”—meaning the dignity of women is sacred, reflecting cultural respect which aligns with the spirit of the law.

Students Covered under POSH: Judicial Clarity

Many students wonder: “Am I really protected? Isn’t this law only for employees?”

The answer is yes, you are protected.

In Pawan Kumar Niroula vs Union of India (2022), the Calcutta High Court held that girl students fall under the definition of “aggrieved women” in POSH. Read: Calcutta HC Judgment

So whether you are an engineering student, a research scholar, or an intern on campus POSH covers you.

ICC: Your Campus Raksha Kavach

The backbone of POSH is the Internal Complaints Committee (ICC).

Every institution with more than 10 members must have one. And this is not a “paper committee.” The ICC must:

Accept and register complaints from students or staff
Help draft complaints if needed
Conduct a fair, confidential inquiry
Recommend strict disciplinary measures if harassment is proven

Read: POSH Bare Act, 2013 – IndiaCode

Time Limits: Act Swiftly

A complaint must be filed within 3 months of the incident (Section 9, POSH Act). Read: ILMS Academy – Complaint timelines

Extensions are possible, but timely complaints are stronger witnesses recall better, evidence is fresher, and cases stand firmer.

What Action Can Colleges Take?

If harassment is proven, colleges must act. Punishments may include:

Written warnings
Restrictions on access to facilities
Suspension from classes
Expulsion (in serious cases, but indefinite or permanent expulsion may be deemed disproportionate under recent legal opinions and should be applied with caution)

Many institutions also provide counselling and mental health support. Read: SS Rana analysis on disciplinary measures

UGC Regulations: Compulsory, Not Optional

Here’s what most students don’t know: in 2015, the UGC issued binding regulations on sexual harassment in higher education. These are law under the UGC Act, 1956.

Institutions must:

Establish a functioning ICC
Run awareness programs
Display rights and complaint mechanisms clearly
Submit annual compliance reports to UGC

Non-compliance isn’t just negligence it’s illegal. Yet, many campuses hide ICC details in fine print, skip posters, or keep students uninformed.

UGC Regulations, 2015 – Official Document

If your college violates UGC rules, raise your voice. Together, we can escalate and hold institutions accountable.

Protection from Stigma

One big fear students face: “Log kya kahenge?”

POSH recognises this. Section 16 prohibits making the survivor’s identity or proceedings public. Breach of confidentiality is itself punishable.📖 Read: POSH Act, Section 16 – IndiaCode

Your privacy is protected by law.

My Message to Women Students

If you face harassment: Approach your ICC they are duty-bound to help

Document everything (dates, screenshots, records)

File your complaint on time

Trust confidentiality protections

And above all: you are not alone.

As a lawyer and someone in Active Politics, I fight cases in court and push for awareness on campus. If your college fails to comply with UGC Regulations, reach out. Together, we will act.