In Plea To Apply POSH Act To Political Parties, Supreme Court Asks Petitioner To Approach Election Commission

The Supreme Court on Monday (December 9) disposed of a PIL seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to political parties by asking the petitioner to first approach the Election Commission of India.

A bench comprising Justice Surya Kant and Justice Manmohan passed the order on a PIL filed by Supreme Court lawyer Yogamaya M G.

Senior Advocate Shobha Gupta, for the petitioner, submitted that the definition clause of the Act covered all aggrieved women and workplaces. Justice Kant at this juncture asked about the applicability of the Act to unorganised sectors, to which Gupta replied that the Act covers such entities too through local committees. 

During the hearing, the bench also pointed out that the Kerala High Court has held that political parties are not bound by the POSH Act and that the judgment has not been challenged.

When Justice Kant asked about the legal status of a political party, Gupta replied that they are registered entities as per Section 29A of the Representation of Peoples Act recognised by the Election Commission of India. Justice Kant then observed that ECI was required to be made a party in the case, as it was the competent authority with respect to political parties. Gupta agreed and said that she had also told her instructing counsel that the ECI might be required to be made a party.

Justice Kant then suggested that the petitioner approach the ECI, which is the competent authority, and then come back to the Court based on their response. Gupta agreed to this suggestion and the bench disposed of the petition with the following order :

"The petition is disposed of with liberty to petitioner to approach 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 law."

The petition had added 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 (BSP) as respondents.

The petitioner had sought the following reliefs :

1. Direct all political parties to constitute Internal Complaints Committees (ICCs) in compliance with Section 4 of the POSH Act, 2013.
2. Declare that individuals engaged in activities within political parties fall within the scope of “employees” under Section 2(f) of the POSH Act.
3. Direct the Election Commission of India to mandate compliance with the POSH Act as a prerequisite for political parties' registration and recognition under the Representation of the People Act, 1951.
4. Issue guidelines ensuring time-bound compliance by political parties, including regular reporting and public disclosure of ICCs' functioning.

The petitioner was also represented by Advocates Deepak Prakash and Sriam Parakkat.

Case: YOGAMAYA MG Vs UNION OF INDIA | Diary No. 48246/2024 

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