The Supreme Court on Monday instructed the petitioner in a Public Interest Litigation (PIL), which sought to extend the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) to political parties, to first bring the matter before the Election Commission of India (ECI).
The bench, consisting of Justices Surya Kant and Manmohan, noted that the ECI, being responsible for registering and regulating political parties, is the appropriate body to address such issues.
Senior advocate Shobha Gupta, representing petitioner Yogamaya MG, agreed with the court’s observation and confirmed that the petitioner would approach the ECI.
The bench further clarified that if the grievance was not resolved through the ECI, the petitioner could then seek a remedy from a judicial forum.
The petition was disposed of with the order: “The petition is disposed of with liberty to the petitioner to approach the competent authority. In case the petitioner’s grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with the law.”
The PIL named several major political parties as respondents, including the Indian National Congress, Bharatiya Janata Party, Communist Party of India (Marxist), Communist Party of India, All India Trinamool Congress, Nationalist Congress Party, Nationalist People’s Party, Aam Aadmi Party, and Bahujan Samaj Party.
The petitioner raised concerns about political parties’ failure to comply with the PoSH Act, specifically regarding the establishment of Internal Complaints Committees (ICCs) to handle complaints of sexual harassment.
The petition called for directions that all political parties be mandated to set up ICCs in line with Section 4 of the PoSH Act, 2013. It also sought a declaration that individuals involved in political party activities should be considered “employees” under Section 2(f) of the Act.
Additionally, the petition requested the Election Commission to make adherence to the PoSH Act a requirement for political parties’ registration and recognition under the Representation of the People Act, 1951.
This case highlights the growing concern over the lack of appropriate mechanisms within political parties to address sexual harassment and calls for stronger enforcement of legal protections for women in political environments.
It underscores the need for political parties to take proactive measures in establishing a safer and more accountable work environment.
