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

A Supreme Court bench headed by Justice Surya Kant will on Monday consider a PIL filed by a lawyer demanding application of the 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 whom have failed to constitute an Internal Complaints Committee (ICC) to deal with complaints of sexual harassment.

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

He demanded that the definitions of “workplace” and “employer” in the POSH Act be interpreted harmoniously to make the law applicable to political parties.

The PIL urged the top court to hold political parties accountable for preventing and combating sexual harassment and ensuring a safe and inclusive working environment for women members of political parties.

“Failure to require political parties to comply with the POSH Act will deter competent women politicians from entering politics, ultimately compromising their right to equal representation and impartial and holistic governance of the country,” the PIL argued .

“The lack of transparency, inadequate structures and inconsistent implementation of ICCs perpetuate a culture that does not prioritize the safety and empowerment of women,” he says.

The PIL questioned the Kerala High Court’s 2022 verdict that since there was no employer-employee relationship between members of political parties, they were not required to have an IPC in 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 law enforcement.

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