SC refers plea on including political parties under POSH Act to ECI

The Supreme Court on Monday disposed of a plea seeking direction to political parties to follow the procedure for protection of women at 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 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

Senior advocate Shobha Gupta, representing PIL petitioner Yogamaya MG, said there were six national parties in the country that did not have a grievance redressal mechanism against sexual harassment in line with the directions of the apex court and the 2013 law.

The PIL arrayed 10 political parties including six national level parties -- BJP, Congress, BSP, CPI(M), National People's Party and AAP.

The bench, however, observed political parties were registered under the Representation of Peoples Act and the competent authority under the law should be ECI, which was not made a party in the petition.

When Justice Surya Kant asked whether people who worked in shops or unorganised sector were also covered under the POSH Act, Gupta said the definition clause of the 2013 law itself covered all aggrieved women and workplaces and the Act covered such entities through local committees.

The bench noted the Kerala High Court previously held that political parties were not bound by the POSH Act and its verdict was not challenged. It disposed of the petition while granting the liberty to the petitioner to approach the judicial fora, in case her grievances were not addressed.

The plea, filed through advocate Deepak Prakash, said it was aimed at ensuring that political parties complied with the POSH Act and provided a safe work environment for women, free of sexual harassment.

"By invoking Article 32, the petitioners seek the court's extraordinary jurisdiction to enforce fundamental rights and ensure that the Respondents (like political parties or relevant authorities) take necessary action," it said.

The plea further submitted that India indeed had a vibrant multi-party system, boasting an impressive 2,764 registered political parties, including six national parties and 57 state parties, according to ECI's latest data.

This number is a testament to the country's diverse and dynamic political landscape, it said.

"This proliferation of political parties demonstrates India's commitment to democratic values and its citizens' enthusiasm for engaging in the political process. With millions of members across these parties, it is clear that politics plays a significant role in Indian society. However, the presence of internal complaints committees (ICCs) to address sexual harassment is inconsistent across these parties," it said.

The PIL further stated the inconsistency highlighted an evident gap in ensuring a safe and inclusive environment for individuals, particularly women, participating in political activities.

"The lack of standardised ICCs across political parties may lead to inadequate reporting and addressing of sexual harassment cases, varied levels of protection and support for victims and perpetuation of a culture that tolerates or ignores sexual harassment," it said.

By addressing the inconsistency, it can be ensured that political parties, as significant players in India's democracy, should prioritise creating a safe and respectful environment for all members, aligning with the POSH Act's objectives, it added.