On Monday, the Supreme Court disposed of a Public Interest Litigation (PIL) seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) to political parties. The bench, comprising Justice Surya Kant and Justice Manmohan, directed the petitioner to approach the Election Commission of India (ECI) first, as the Commission is the competent authority regarding political parties.
The PIL, filed by Supreme Court Advocate Yogamaya M.G., had named prominent political parties such as the Indian National Congress (INC), Bharatiya Janata Party (BJP), Trinamool Congress (TMC), Aam Aadmi Party (AAP), and others as respondents. The petitioner sought to bring political parties under the PoSH Act, arguing that the current lack of standard grievance redressal mechanisms within these parties leaves women vulnerable to sexual harassment.
During the hearing, Senior Advocate Shobha Gupta, representing the petitioner, emphasized that the PoSH Act’s definition of “workplace” should be interpreted to include political parties, due to their significant influence and widespread presence in public life. She also highlighted the absence of robust Internal Complaints Committees (ICCs) in several major political parties, which impedes effective resolution of harassment complaints.
The bench noted that the Election Commission is responsible for regulating and registering political parties and, therefore, should be the first point of contact for addressing the grievance. The court observed that if the issue remains unresolved after approaching the ECI, the petitioner could seek recourse in a judicial forum.
In its ruling, the court referred to a prior Kerala High Court decision, which had ruled that political parties are not subject to the PoSH Act due to the absence of an employer-employee relationship. However, the petitioner argued for a broader interpretation of the Act, to extend its provisions to political entities, which play a central role in Indian society.
The petitioner's primary demands included the constitution of ICCs by political parties, the inclusion of party workers under the definition of "employees" in the PoSH Act, and the imposition of compliance with the Act as a requirement for political party registration by the ECI. The petitioner also sought clear guidelines ensuring transparency and accountability in the functioning of ICCs.
The petitioner raised concerns that the absence of a formal, standardized approach to handling sexual harassment within political organizations contributes to a culture of impunity, where victims may be discouraged from reporting abuse. The lack of transparency, inconsistent structures, and inadequate internal mechanisms to address grievances leave women in these spaces vulnerable to exploitation and harassment, the petition stated.
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