SC Asks Petitioner to Approach Election Commission in PIL to Include Political Parties Under POSH Act

The Supreme Court of India today asked the petitioner to approach the election commission of India while hearing PIL seeking to declare that political parties must follow the procedures outlined in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).

Filed by Advocate Ms Yogamaya M G, the PIL aims to ensure that political parties comply with the POSH Act and provide a safe work environment for women, free from sexual harassment. It further seeks to establish a grievance redressal mechanism for sexual harassment, per the Supreme Court's directions in Vishaka v. State of Rajasthan (1997) and the POSH Act.

A bench of Justice Surya Kant and Justice Manmohan, while acknowledging that the competent authority will be the Election Commission of India, observed that "the petitioner, at the outset, very fairly states that the competent authority to prevail upon recognized political parties for the creation of an in-house mechanism to deal with complaints of sexual harassment in accordance with the POSH Act, 2013, shall be the Election Commission of India."

During the proceedings today, Senior Advocate Sobha Gupta, appearing for the petitioner, submitted before the bench that all six national political parties have been impleaded as respondents.

On Justice Kant's asking, "What happens in the case where there is a complaint from the unorganised sector? Senior Advocate Sobha Gupta said, "Section 2(p) of the Act covers the unorganised sector; it also includes domestic workers."

Justice Kant further remarked, "You are the critic of the view taken by the Kerala High Court. There is no appeal. Maybe today we won’t say anything. The High Court is moving on the premise that there is no relationship between employee and employer. Now, there are many in the unorganised sector, people working in a contractual basis. What is the effective mechanism we have for them?"

While disposing of the petition, Justice Kant asked the petitioner to approach the Election Commission of India, allow them some time to consider the matter, and said, "If nothing happens, our doors are always open."

The instant PIL seeks the inclusion of political parties as 'workplaces' under the POSH Act, emphasising that political candidates have an 'employer-employee' relationship.

According to the PIL, Indian political parties follow inconsistent and often inadequate approaches to addressing sexual harassment, which further perpetuates a culture that fails to prioritize women's safety and empowerment Here is a detailed breakdown of the current state of ICCs in various Indian political parties

1. CPI(M): Has set up ICCs with external members

2. AAP: Lacks transparent details about their Committees

3. BJP: Admitted to inadequate ICC structures, with complaints often managed by Disciplinary Committees or referred to State-level offices

4. Congress: Admitted to inadequate ICC structures, with complaints often managed by Disciplinary Committees or referred to State-level offices

5. All-India Professional Congress: Mandated an ICC; but this does not extend to the broader All India Congress Committee (AICC)

While challenging the Kerala High Court's judgement that political parties aren't liable to establish ICCs, the PIL argues that such a judgment is problematic, as it allows political parties to avoid establishing ICCs, which perpetuates a culture of impunity and leaves women vulnerable to sexual harassment.

The PIL further contends that such a narrow approach undermines the legislative intent behind the POSH Act, urging that political parties be included as workplaces to ensure that women in politics have access to fair and effective redressal mechanisms.

Highlighting that other countries, like the UK and Kenya, have put similar laws into place, the PIL warns that failing to comply with the POSH Act will eventually discourage competent female politicians from entering the political arena, ultimately compromising their right to representation.

"To ensure political parties comply with the POSH Act's provisions for protecting women in the workplace, we need to establish a clear legal obligation for them to follow the Act. The POSH Act, or Prevention of Sexual Harassment at the Workplace The act mandates that every organization with 10 or more employees constitute an Internal Committee (IC) to address sexual harassment complaints," PIL reads.

Recently, the Supreme Court bench of Justices Surya Kant and Ujjal Bhuyan had issued notice in a PIL seeking a direction to the Ministry of Women and Child Development to protect the service conditions of ICC members so as to secure their independence

"....the Members of such committees, akin to judges, have not been provided with any safeguards, which will enable them to act without fear and favor. Thus, an anomalous situation has arisen where ICC members have been conferred quasi-judicial powers without the requisite independence and safeguards. By the very nature of their employment, the ICC members may have to take decisions which could jeopardise their careers...", the court has been told.

Case Title: Yogamaya MG V UOI