Abstract
The focus of this study is on the sexual harassment policies of universities in India and Pakistan. Regardless of participants gender, this research will compare and contrast both countries policies regarding sexual harassment in universities. This is a qualitative study that will analyze the data from literature review as well as through thematic analysis of both of the harassment policy forms in universities of Pakistan and India.
Keywords: Sexual harassment, India, Pakistan, Higher Education, Universities.
Introduction
The focus of this study is on the sexual harassment policies of universities in India and Pakistan. As a result of their stereotypical role as potential targets, women are more likely to experience sexual harassment than males. Regardless of participants’ gender, this research will compare and contrast both policies. Women are often seen as more responsible, diligent, bright, and efficient than males and play an important part in country building and societal development. The statistics show that gender inequality in Pakistan is far from uniform, as it is intricately linked to and influenced by other types of social marginalisation. As a result of regional and national differences as well as the urban-rural divide, the status of women varies greatly. In Pakistan, women’s lives have been profoundly influenced by feudal, tribal, and capitalist social forms. Despite women’s emancipation, it is still widely believed that a woman’s best position is at home. A woman’s role in society is strongly related to her social rank. Half of Pakistan’s people are female. More and more women are entering the labour force, which boosts national income. Women’s empowerment in Pakistan has resulted in more women entering traditionally male-dominated fields including as law, teaching, business, driving (pink) buses and rickshaws, business analysis, counselling, politics, and academia. Despite positive changes, Pakistan falls short of meeting international norms for women’s rights. Any form of harassment is unacceptable and should be stopped immediately. According to White Ribbon Pakistan, between 2004 and 2016, 4,734 women were sexually molested, and over 15,000 incidents of honour crimes were reported. However, the Role of Women in India is comparable to that in Pakistan. However, Indian women have far greater autonomy than their Pakistani counterparts. While women in India have made great strides in the previous half-century, they still face a number of obstacles and social ills in this patriarchal culture.
This essay will examine the differences and similarities between sexual harassment regulations in Indian and Pakistani universities. The most frequent type of gender-based violence is harassment in educational institutions, workplaces, and institutions, and it mostly affects women. The vast majority of women experience some form of harassment every day, and this includes sexual, verbal/mental, and physical forms of abuse. Sexual harassment is also pervasive in the world of higher education. Sexual harassment rules are created to protect the rights of both men and women at universities. The Higher Education Commission (HEC) of Pakistan and the University Grants Commission (UGC) of India will be contrasted with regard to their respective anti-harassment measures. Despite everyone’s best intentions, rules and regulations are only pieces of paper; what really counts are the obstacles victims must overcome in order to see those policies and laws put into practise. Harassment cases are filed, however victims are discouraged and choose not to register complaints because of the lack of initiative to provide justice. This is why contrasting sexual harassment laws in India and Pakistan might shed light on where reform is needed. Otherwise, victims would feel too ashamed to speak out, and nothing will be done to stop the problem of harassment.
Objectives
The study’s overarching goal is to examine and contrast the harassment laws of Pakistan and India. It would provide a framework for understanding the demographics of women in higher education in both nations and the specific challenges they confront, including sexual harassment, in the classroom and in the office.
Literature Review
Policy of the United Nations System explained As a kind of inappropriate behaviour, sexual harassment is never acceptable. Harassment of a sexual nature can take many forms, including but not limited to verbal, nonverbal, physical, and written or electronic communication. Sexual harassment can occur between persons of the same or different sexes, and people of any orientation can be both the targets and the harassers. Sexual harassment may happen anywhere, anytime, and in any setting, not only at work. This includes real travel and social capacities related to business. Anyone in a relationship, including a superior, peer, or subordinate, is capable of engaging in sexual harassment. The offender’s position as a manager or higher-up might be seen as particularly frustrating. (2018 Model UN Policy on Sexual Harassment).
The United Nations Development Programme (UNDP) addresses sexual behaviour through a range of programmes designed to prevent and effectively resolve sexual misbehaviour and to support survivors. UNDP also supplies the Office of the Special Coordinator with real-time reports on claims of sexual exploitation and abuse. In addition, the Secretary-General’s Report on Special Measures for Protection against Sexual Exploitation and Sexual Abuse compiles and makes public statistics on claims and confirmed cases of sexual exploitation and abuse.
Sexual harassment is a pervasive and perilous kind of discrimination against women that plays a significant role in determining whether or not women are present, productive, and competent to manage in the workplace. It was initially categorised as a kind of segregation by the feminist movement in the West. (UNDP)
The socialisation of life in a patriarchal culture means that sexual harassment is not even recognised as a problem in Pakistani society, and acknowledgement for this behaviour is exceptionally high by all types of individuals (Fouzia Saeed, 2010).
Both statutes make clear that the complainant’s displeasure takes precedence over any other evidence or conduct on the part of the offender when determining whether or not an incident constitutes sexual harassment. In practical terms, the concept of sexual harassment under Pakistani and Indian law is almost same. There are two key components to the definitions provided by the two rules that are relevant to sexual harassment. First and foremost, both rules address sexual harassment that is in exchange for something of value. This is the case when providing sexual favours is expected in exchange for professional advantages, or when doing so carries the risk of adverse consequences. Furthermore, sexual harassment may lead to an unwelcoming and uncompromising work environment. Sexual harassment occurs when such conditions exist (Shewli Kumar, 2019).
There is a remarkable strategy for achieving orientation fairness in higher education institutions thanks to the Sexual Harassment regulation in India and the UGC Regulations of 2015. The heart of the law and its intended effect are the widespread differences in sexual orientation and how they permeate institutions of higher learning in Pakistan. The Pakistani law also aims to provide safe spaces where women can pursue higher education and work to shift institutional power dynamics. This is unquestionably a task that should be handled alone by ICs. For ‘fair treatment’ to be properly implemented, it is essential to be familiar with and have a sense of responsibility among the higher specialists. Without accountability and awareness from higher levels, members of the Internal Committee have an uphill struggle to ensure that appropriate action is taken against violators once the suggestions have been formally filed.
After contrasting the sexual harassment legal and strategy systems in India and Pakistan, we zero focus on the one that applies only to higher education institutions (HEIs). Teams were assigned by the UGC in India and the HEC in Pakistan to devise a system to handle sexual harassment in higher education institutions. In 2015, the UGC followed recommendations made in a report titled Saksham compiled by the Indian team. In 2011, the Pakistani team established a policy framework for higher education institutions in the country. Also, India and Pakistan’s redressal tools are structured, have various authorities, and use different methodologies from one another.
Methodology
Coding comparisons between HEC and UGC policies formed the basis of the methodology used for the content analysis. The policies of India and Pakistan were compared using a qualitative research technique, including Comparative Analysis and coding.
Research Findings
Coding and theme development were used to analyse the data in the present study. By analysing the differences between the two policies, the codes and recurring motifs were derived. The following are the primary considerations that were made throughout the coding and theme development phases of the comparison between the two articles.
- Operational Definition
- Prohibited Conduct
- Reporting Procedures & Mechanism
- Penalties & Punishment
- Right of Appeal
- Mala Fide Allegation
- Preventing Strategy
Operational Definition
The HEC defines “sexual harassment” as any unwelcome verbal, written, or physical communication or action of a sexual character or sexually degrading views.
Unwanted sexually suggestive behaviour that demeans, humiliates, or produces a hostile or frightening atmosphere qualifies as “sexual harassment” according to UGC. Sexual harassment encompasses both overt and covert forms of unwanted conduct.
The two definitions of “sexual harassment” agree that it refers to any form of sexually degrading behaviour or approach, whether verbal, nonverbal, physical, or written.
Prohibited Conduct
HEC lists the following actions as being explicitly forbidden under this policy:
- Non-Consensual Acts
- Non-Consensual Sexual Contact
- Sexual Exploitation
- Other Pervasive or Severe Behaviors
- Sex Discrimination
The following actions are explicitly forbidden by UGC and so are in violation of this policy:
- Any unwelcome physical, verbal or non-verbal conduct of sexual nature
- Demand or request for sexual favors
- Making sexually colored remarks
- Physical contact and advances
- Showing pornography
Non-consensual acts/sexual contact, whether physical, verbal, or non-verbal, are expressly prohibited under both regulations as described on university premises. Furthermore, both standards forbid making derogatory comments about someone’s looks or broadcasting pornographic movies without their permission.
Reporting Procedures & Mechanisms
A victim of sexual harassment has the right to file a complaint with the HEC’s Sexual Harassment Inquiry Committee or the Focal Person within three to twelve months after the incident. If the complainant feels uncomfortable filing the complaint directly, they can speak with a friend, classmate, instructor, manager, department head, dean, or vice chancellor instead. The individual contacted will have 24 hours to file a report with the Sexual Harassment Inquiry Committee. The complainant has the option of going via the proper channels or going straight to the Inquiry Committee with small infractions so that they can be addressed and prevented from developing into more serious problems in the future. The Focal Person would then take the appropriate steps after the administration had received the complaint. Among the steps taken are:
- Adjustment of class schedule or exams
- Providing counseling services
- Adjusting section change or withdrawal from course
- Notifying the security officials in case of serious violations
- Changing accommodation arrangements of specific persons
A victim of sexual harassment can file a complaint with the UGC within three months after the incident, as per the rules. Reports to the Internal Complaints Committee are necessary if there has been a pattern of events during the past three months. A third party, such as a friend, classmate, or psychologist, may register a complaint on behalf of the offended party if they are unable to do so themselves. The Internal Complaints Committee is responsible for providing the aggrieved party with the following services once a complaint has been filed:
- Provide assistance if employee or student choses to file complaint with the police
- Protect the privacy and safety of the complainants
- Ensuring victims are not discriminated in any way
- Ensure prohibition of retaliation or adverse action against a covered individual
The processes for filing complaints and taking appropriate precautions to ensure the victim’s safety have been outlined in both policies. The UGC regulation allows three months to file a complaint, while the HEC policy allows three months to twelve months. Both plans provide for informal complaint filing as an option for complainants. The point person is responsible for ensuring the victim’s safety, rearranging their class and test schedules, providing them with counselling, and aiding them in filing a complaint with the appropriate authorities.
