Supreme Court Declines PIL on Applying POSH Act to Political Parties

The Supreme Court has dismissed a Public Interest Litigation (PIL) that sought to extend the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to all political parties nationwide. Chief Justice of India BR Gavai and Justice K Vinod Chandran concluded the issue is a parliamentary matter.

Chief Justice Gavai highlighted that it falls solely under Parliament's jurisdiction, addressing senior advocate Shobha Gupta, who represented the petitioner. Subsequently, the bench permitted the withdrawal of the plea, granting liberty to challenge a Kerala High Court judgment, which determined the POSH Act's non-applicability to political parties.

The PIL, filed by advocate Yogamaya MG, emphasized political parties' non-compliance with the Act, particularly in forming Internal Complaints Committees (ICCs) for handling sexual harassment complaints. It urged that political parties establish ICCs per Section 4 of the POSH Act, 2013, and define individuals engaged with parties as "employees" under Section 2(f). It also called for the Election Commission to enforce POSH Act compliance as a condition for parties' registration under the Representation of the People Act, 1951.

(With inputs from agencies.)