SC refuses to entertain plea to apply PoSH Act to political parties

The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) plea seeking a direction to extend the applicability of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the PoSH Act) to all political parties across the country.

A bench comprising Chief Justice of India, Justice B.R. Gavai and Justice K. Vinod Chandran made it clear that the issue raised in the plea falls within the exclusive domain of Parliament and cannot be addressed through judicial intervention.

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“This is the domain of the Parliament. How can we interfere? It is a matter within the domain of policy,” remarked Chief Justice Gavai, addressing senior advocate Shobha Gupta who appeared on behalf of the petitioner.

Taking note of the bench’s observations, the petitioner, advocate Yogamaya M.G., withdrew the PIL with liberty to challenge a judgment of the Kerala High Court which had earlier held that the PoSH Act does not apply to political parties. The Supreme Court granted permission to file such a challenge.

The PIL had sought directions to make political parties across India accountable under the provisions of the PoSH Act by mandating the constitution of Internal Complaints Committees (ICCs) within each political outfit, in accordance with Section 4 of the Act.

Highlighting instances of non-compliance with the anti-sexual harassment law, especially within political organisations, the petition argued that individuals affiliated with political parties and involved in party-related activities should be deemed “employees” as defined under Section 2(f) of the PoSH Act, thus making them entitled to protection under its framework.

The petitioner had made the Election Commission of India as respondent to be directed to enforce compliance with the PoSH Act as a prerequisite for the registration and recognition of political parties under the Representation of the People Act, 1951.

Several major political parties were arrayed as respondents in the petition, including the Indian National Congress (INC), Bharatiya Janata Party (BJP), Communist Party of India (Marxist), Communist Party of India (CPI), All India Trinamool Congress (TMC), Nationalist Congress Party (NCP), Aam Aadmi Party (AAP), Bahujan Samaj Party (BSP), and the Nationalist People’s Party (NPP).

While the petition raised important questions around accountability and workplace safety within political entities, the top court maintained that such issues must be addressed through legislative or executive action, and not judicial directives.