Lawyers, activists call for extending POSH Act to political parties

Legal experts and activists have voiced the urgent need to bring political parties under the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, known as the POSH Act, citing the need for gender equality and accountability.

The reaction comes after the Supreme Court on Monday disposed of a plea seeking direction to political parties to follow the procedure for the protection of women in the workplace under the 2013 POSH Act.

A bench of Justices Surya Kant and Manmohan asked the petitioner to approach the Election Commission of India (ECI) with a representation for the application of the POSH Act.

Sonal Mattoo, a lawyer and director of NGO Helping Hands, called for a shift in perspective, urging political parties to focus on the spirit of the law rather than its technical definition.

"The problem is they're looking at the letter of the law as opposed to the spirit of the law. If you look at the letter of the law, yes, you will struggle with who is the employer... but if you look at the spirit of the law, it's very easy to implement as every political party has a disciplinary committee," she told PTI.

Similarly, she said, this is a group of people who are entrusted with ensuring that decorum is followed and no member does anything that brings disrepute to the party.

"Similarly, they can set up a committee that also looks at the behaviour related to inappropriate conduct of party workers and people within the party. So, if you look at the letter of the law and you look at who is the employer, you will struggle.

"But if you look at other bodies within political parties that look at discipline and other conduct or misconduct, it's very easy to create a similar pattern in terms of ensuring appropriate conduct with women colleagues that work with them I think the whole idea is to look at the spirit, rather than the letter of the law," Mattoo said.

However, prominent lawyer Shilpi Jain expressed concerns over the internal committees' independence, given the immense power wielded by politicians.

"An internal committee funded by a political group will lack teeth. For such bodies to function effectively, independence and courage are essential. Unfortunately, given the misuse of power by many politicians, achieving this remains a challenge," she told PTI.

Jain added that courts are better positioned to handle cases of sexual harassment involving politicians, given the inherent biases internal mechanisms might face.

Activists argue that addressing harassment within political parties will set a precedent for improving gender equality across society.

Shabnam Hashmi, founder of NGO Anhad, called it a "progressive" move.

"Politicians are expected to lead by example. If they continue to ignore gender equality, it sends the wrong message to society. Establishing such mechanisms in political parties will bring gradual but important changes, just as we saw with women asserting themselves after the implementation of 33 per cent reservation in panchayats," she told PTI.

Yogita Bhayana, anti-rape activist and founder of People Against Rape in India (PARI) criticised the "irony" of Parliament exempting itself from a law it enacted.

"If an institution with more than 10 members is required to implement POSH, why are political parties excluded? Parliament itself brought in this law. Their inability to enforce it internally reflects their reluctance to confront harassment within their ranks," she told PTI.

Bhayana also pointed out the larger issue of poor implementation of the POSH Act across various sectors, stating, "We need a framework that is not only expansive but also effective in its enforcement."  The legal definition of "workplace" under the POSH Act complicates its application to political parties.

A 2022 Kerala High Court ruling stated that political parties do not have a conventional employer-employee relationship and cannot be mandated to set up Internal Complaints Committees (ICCs).

This ambiguity, combined with the decentralised and informal nature of political party structures, has often been cited as a reason for non-compliance.

Still, many experts believe this should not prevent political parties from taking proactive steps.

"The lack of a traditional workplace structure cannot be an excuse. Political parties must adapt and lead by example," Hashmi emphasised.

She added that even minimal initial progress would pave the way for systemic change in the long run.

Lawyers and activists have also highlighted how extending the POSH Act to political parties could improve the participation of women in politics.

Additionally, extending the Act's provisions would address the vulnerability of women working in political settings, who often find themselves in informal roles without clear channels for grievance redressal.

"These women face unique challenges because they are not officially employed. This makes them more vulnerable to harassment, and it's why political parties must implement systems to protect them," Bhayana noted.

While legal experts warn of challenges in implementation, activists stress that this is an opportunity to hold political parties accountable.

"This is not just about legal compliance but about sending a strong message that politics is not above the law," Hashmi said.