'Within Domain Of Parliament': SC Refuses To Entertain Plea For Bringing Political Parties Under POSH Act

New Delhi: The Supreme Court on Friday declined to entertain a plea for bringing political parties within the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

The matter came up before a bench led by Chief Justice of India B R Gavai and comprising Justice K Vinod Chandran. The apex court was hearing a plea filed by one Yogamaya M G, who was represented by senior advocate Shobha Gupta.

The bench told the petitioner's advocate that it can't interfere, as the matter is within the domain of Parliament. The counsel contended that her client had earlier filed a similar plea, which was disposed of to enable her to move a representation before the government, since there was no action, she filed the instant plea. The bench was informed of the 2021 Kerala High Court judgment, which held that political parties have no obligation to comply with the POSH Act as there is no employer-employee relationship between them.

CJI suggested that the petitioner should approach some women parliamentarians and get them on board regarding the issue, and pass a private member bill. The counsel submitted that her client does not want an enactment but interpretation of the POSH Act to bring political parties within its ambit.

The counsel contended that the political parties would constitute "workplace" and "employer" within the meaning of the POSH Act. The counsel insisted that they have to comply with the provisions to address sexual harassment of women political workers.

However, the bench said the challenge to the high court judgment would have to be independent and made it clear to the counsel that it is not keen to entertain the matter. The counsel preferred to withdraw the matter.

The apex court in December 2024 had refused to consider a similar Public Interest Litigation by the petitioner, asking her to approach the Election Commission of India (ECI) as the poll panel is a constitutional body that prevailed over and regulated the political parties.

In May 2023, the apex court had directed for setting up internal complaints committees (ICCs) in all government and private departments and developing SheBox portals where women can lodge complaints as it called for uniform implementation of the POSH Act across states and UTs.