SC Refers Petition on Inclusion of Political Parties Under PoSH Act to Election Commission
The Supreme Court on Monday directed a petitioner, who sought the inclusion of political parties under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act), to first approach the Election Commission of India (ECI). The court emphasized that the ECI, which is responsible for the registration and regulation of political parties, is the appropriate forum to address this issue.
The bench, comprising Justices Surya Kant and Manmohan, noted that the ECI is the natural authority to handle grievances related to political parties. The court recorded the statement of senior counsel Shobha Gupta, representing petitioner Yogamaya MG, who confirmed that her client would approach the ECI and, if necessary, pursue other legal avenues if her concerns remained unresolved.
The petition, filed as a public interest litigation (PIL), argued that political parties should be included under the PoSH Act, citing their failure to comply with the law’s provisions, particularly the establishment of Internal Complaints Committees (ICCs) to address sexual harassment complaints. The petition named several prominent political parties, including the Congress, Bharatiya Janata Party (BJP), Trinamool Congress (TMC), Aam Aadmi Party (AAP), and Communist Party of India (Marxist) (CPI-M), as respondents.
Gupta informed the court that the plea stemmed from the absence of a standardized grievance mechanism within political parties, leaving women vulnerable in political spaces. She argued that the lack of transparency, insufficient structures, and inconsistent implementation of ICCs have contributed to a culture that fails to prioritize women’s safety and empowerment.
The bench also referred to a previous Kerala High Court ruling, which declined to apply the PoSH Act to political parties, stating there was no employer-employee relationship in such entities. However, the petitioner sought a broader interpretation of the terms "workplace" and "employer" under the Act to include political parties, given their significant influence in Indian society.
The PIL highlighted specific lapses within political parties. The CPI(M) was noted to have ICCs with external members, while the BJP and Congress acknowledged inadequacies in their mechanisms, often routing complaints to disciplinary committees or state-level offices instead of dedicated ICCs. The AAP was flagged for its lack of transparency about existing grievance mechanisms. Additionally, the All-India Professional Congress, an affiliated body of Congress, was found to have an ICC, but it did not extend to the broader party framework.
The petition argued that these inconsistencies undermine the intent of the PoSH Act, contributing to a culture of impunity when addressing sexual harassment. It emphasized that the absence of a robust and transparent redressal mechanism within political parties leads to underreporting, varying levels of protection for victims, and a general tolerance of sexual harassment incidents
