Supreme Court to examine if POSH Act should apply to political parties

Should the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) apply to political parties?

A Supreme Court Bench led by Justice Surya Kant will on Monday take up a PIL filed by a lawyer demanding application of POSH Act to political parties across India.

Filed by advocate Yogamaya MG, the PIL highlighted non-compliance with the POSH Act by political parties – many of which have not constituted Internal Complaints Committee (ICC) to deal with sexual harassment complaints.

“The current exclusion of political parties from the POSH Act's scope is a significant concern, as it leaves women in politics vulnerable to harassment and abuse. To effectively address this issue, inclusion of political parties under the Act is crucial. This would provide women politicians with a safer and more supportive environment, enabling them to participate fully in the political process”, the PIL submitted.

It demanded that the definitions of 'workplace' and 'employer' under the POSH Act should be harmoniously interpreted to make the law applicable to political parties.

The PIL urged the top court to hold political parties accountable for preventing and addressing sexual harassment and ensure a safe and inclusive work environment for women in political parties.

“Failure to mandate the compliance of POSH Act for political parties will dissuade able female politicians from entering into politics, ultimately compromising their right to equal representation and an unbiased and holistic governance of the country,” the PIL contended.

“The lack of transparency, inadequate structures, and inconsistent implementation of ICCs perpetuate a culture that fails to prioritize women's safety and empowerment,” it submitted.

The PIL questioned the 2022 Kerala High Court verdict which ruled that since there existed no employer-employee relationship between members of political parties, they were not required to have an ICC under the POSH Act.

Making the Centre, BJP, Congress, AAP, TMC, NCP, NPP, BSP, CPI(M) and CPI parties to the PIL, the petitioner sought a grievance redressal mechanism for enforcement of the Act.

Making the POSH Act applicable to political parties would create varied levels of protection and support for victims of sexual harassment, the PIL contended.