Application of POSH Act to political parties: Approach Election Commission, SC tells petitioner-OxBig News Network

The Supreme Court on Monday refused to entertain a PIL seeking directions to apply the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to political parties and asked the petitioner to first approach the Election Commission on the issue.

“The petition is disposed of with liberty to the petitioner to approach the competent authority (EC). In case the petitioner’s grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with law,” a Bench led by Justice Surya Kant told senior counsel Shobha Gupta, who represented petitioner Yogamaya MG.

The direction came after Gupta told the Bench that political parties were registered entities as per Section 29A of the Representation of Peoples Act, 1951 and recognised by the Election Commission.

The Bench also pointed out that the Kerala High Court had held that POSH Act was not applicable to political parties and that the said judgment has not been challenged.

Initially, the Bench said the Election Commission needed to be made a party to the PIL as it was the competent authority with respect to political parties but later asked the petitioner to approach the poll panel first and then come back to the court depending on the EC’s response.

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.

During the hearing, Gupta sought to emphasise that the POSH Act covered all aggrieved women and workplaces.  Responding to a query from the Bench about the applicability of the Act to unorganised sectors, Gupta said it covered such entities through local committees.

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 also 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.