The Supreme Court on Monday dismissed a petition seeking directions to political parties to follow procedures under the POSH Act, 2013 for the protection of women at workplaces.
A bench of Justices Suryakant and Manmohan asked the petitioner to approach the Election Commission of India (ECI) with a representation to apply the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
Senior advocate Shobha Gupta, representing PIL petitioner Yogmaya MG, said the country has six national parties which do not have a mechanism to redress complaints against sexual harassment as per Supreme Court directives and the 2013 law.
The PIL is filed by 10 political parties including six national level parties – BJP, Congress, BSP, CPI(M), National People’s Party and AAP.
However, the bench pointed out that political parties are registered under the Representation of the People Act and the competent authority according to law should be the Election Commission, which has not been made a party to the petition.
When asked by Justice Suryakant whether people working in shops or unorganized sectors are also covered under the POSH Act, Gupta said the definition clause of the 2013 Act covers all affected women and workplaces and the Act covers such organizations through local committees.
The bench noted that the Kerala High Court had already held that political parties are not bound by the POSH Act and its verdict was not challenged. If the complaint of the petitioner is not addressed, the petition has been dismissed, giving freedom to the petitioner to go to the judicial forum.
The petition, filed through advocate Deepak Prakash, said the political parties aim to comply with the POSH Act and ensure that women are provided with a sexual harassment-free, safe work environment.
“Invoking Article 32, the petitioners seek extraordinary jurisdiction of the court to enforce fundamental rights and ensure that the respondents (such as political parties or concerned authorities) take necessary action,” it said.
The petition further submitted that India actually has a vibrant multi-party system, with an impressive 2,764 registered political parties, including six national parties and 57 state parties, according to ECI’s latest figures.
The 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 the enthusiasm of its citizens to engage in the political process. With millions of members of these parties, it is clear that politics plays an important role in Indian society. However, the presence of Internal Complaints Committees (ICCs) to address sexual harassment is inconsistent in these respects,” it said.
The PIL further stated that the inconsistency highlighted a glaring gap in ensuring a safe and inclusive environment for people participating in political activities, especially women.
“The lack of a standardized ICC across political parties may lead to inadequate reporting and addressing of incidents of sexual harassment, varying levels of protection and support for victims, and the perpetuation of a culture of tolerance or avoidance of sexual harassment,” it said.
By addressing the anomaly, it can be ensured that political parties, as important players in India’s democracy, prioritize creating a safe and respectful environment for all members, aligned with the objectives of the POSH Act, it added.